In Re the Judicial Settlement of the Accounts of McDougall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which affirmed a decree of the Surrogate’s Court of Steuben county upon a final settlement of the account of the administrators of John McDougall, executor of the will of Dan E. Spooner, deceased. Dan E. Spooner died in 1871 while a resident of Steuben county in this state.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which affirmed a decree of the Surrogate’s Court of Steuben county upon a final settlement of the account of the administrators of John McDougall, executor of the will of Dan E. Spooner, deceased. Dan E. Spooner died in 1871 while a resident of Steuben county in this state. He left a will which was duly admitted to probate in Steuben county in August, 1871. He nominated John McDougall as his executor, who duly qualified. He left a widow, a mother and a…
1Opinion of the CourtPeckham, J.
If otherwise proper, we may for this purpose assume that by the practical consolidation of all three proceedings before the surrogate, he had the power to decree the payment of this legacy by McDougall’s administrators directly to the party to whom it was unquestionably due, all debts and other demands (if any) entitled to priority of payment having been first paid by the deceased intestate executor. We are not disposed to hold that the surrogate must, under such circumstances, direct the payment to the administrator with the will annexed, for the sole purpose of thereby enabling him to…
2Cases cited7 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Matter of Petition of CampNew York Court of Appeals · 1891
- Tyson v. . BlakeNew York Court of Appeals · 1860
- Thomas v. WolfordNew York Supreme Court · 1888
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3Cited by38 opinions
- Pipe v. CommissionerUnited States Tax Court · 1954
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- In the Matter of the Estate of RoremSupreme Court of Iowa · 1954
- In re the Judicial Settlement of the Account of Proceedings of UngrichAppellate Division of the Supreme Court of the State of New York · 1900
- Hodgman v. CobbAppellate Division of the Supreme Court of the State of New York · 1922
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