Wolfe v. Lynch
New York Surrogate's Court
A petition was presented in this matter showing, among other things, that the petitioner, George Wolfe attended, in September, 1883, a sale of real estate situatecl in the former town of Momsania, by virtue of an order of this court made in 1873, which real estate was then a part of the territory of this county, but was shortly thereafter annexed to the county of New York; that said petitioner purchased said premises at said sale for the sum of $5,325, and paid to the…
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A petition was presented in this matter showing, among other things, that the petitioner, George Wolfe attended, in September, 1883, a sale of real estate situatecl in the former town of Momsania, by virtue of an order of this court made in 1873, which real estate was then a part of the territory of this county, but was shortly thereafter annexed to the county of New York; that said petitioner purchased said premises at said sale for the sum of $5,325, and paid to the surviving executor of said deceased, John Lynch, ten per cent. ($532.50) of the purchase money and $20, auctioneer’s fees, in…
1Opinion of the Court
The Surrogate.
It is objected, by the counsel for the executor, that this court has no power to grant the relief sought. If it has not, then, plainly, it should decline to act. Being a creature of the statute, *615having all its jurisdiction defined by it, an assumption to act beyond the prescribed limits cannot be justified. Where the statute confers a power without prescribing the mode of its exercise, it may follow the rules of the common law in its execution. So, it has. authority to exercise powers which are incidental and subordinate to the grant of the main power. Were it a court possessed…
2Cases cited2 opinions
- In Matter of Application, Etc., of DolanNew York Court of Appeals · 1882
- Bulkley v. StaatsNew York Surrogate's Court · 1881
3Cited by1 opinion
- In re Estate of BellesheimNew York Surrogate's Court · 1888