Matter of Small
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 28,1898, affirming an order of the Surrogate’s Court of Rensselaer county refusing to reopen the decree settling the final account of Samuel Bolton, Jr., as executor of Mary Dugdale, deceased, and to order a further accounting. The facts, so far as material, are stated in the opinion. The appeal-should be dismissed. The appeal is not from a final order.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 28,1898, affirming an order of the Surrogate’s Court of Rensselaer county refusing to reopen the decree settling the final account of Samuel Bolton, Jr., as executor of Mary Dugdale, deceased, and to order a further accounting. The facts, so far as material, are stated in the opinion. The appeal-should be dismissed. The appeal is not from a final order. A similar motion could be entertained for a new hearing as often as the surrogate might in his discretion hear it. (Stoerzer v.…
1Opinion of the Court
Parker, Ch. J.
After the entry of a decree in the matter of the final judicial settlement of the accounts of an executor, a petition was filed alleging that the executor had not accounted for all the moneys received by him, and praying the Surrogate’s Court to open the decree and to compel a further accounting. Objection thereto was made by the executor, and, thereafter, testimony was offered and received in support of the petition and answer, and the result was an order by the surrogate denying the application to open the decree and to require a further accounting. On a review by the…
2Cases cited3 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- City of Johnstown v. . WadeNew York Court of Appeals · 1898
3Cited by7 opinions
- Ulmer v. Fulton, Supt.Ohio Supreme Court · 1935
- Giuliano v. GiulianoAppellate Division of the Supreme Court of the State of New York · 1951
- Trust Co. of America v. . United Boxboard Co.New York Court of Appeals · 1915
- In Re the Estate of BaldwinNew York Court of Appeals · 1899
- James Talcott Factors, Inc. v. Larfred, Inc.New York Court of Appeals · 1986
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