In re Douglass
New York Surrogate's Court
This was a proceeding on a petition of a creditor of the estate for an accounting by the executors. An account was filed, objections were interposed, and a reference of such account was moved by contestant, and on submitting the order of reference it was objected: 1st, that as the petition asked no relief except the accounting, there was no authority to appoint a referee, under the authority of Westervelt v. Gregg, (1 Barb.
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This was a proceeding on a petition of a creditor of the estate for an accounting by the executors. An account was filed, objections were interposed, and a reference of such account was moved by contestant, and on submitting the order of reference it was objected: 1st, that as the petition asked no relief except the accounting, there was no authority to appoint a referee, under the authority of Westervelt v. Gregg, (1 Barb. Ch., 469), and Campbell v. Bruen, (1 Bradf., 224); and 2d, it was also argued that if a reference could be made under 6th section of chapter 359 of the Laws of 1870, it…
1Opinion of the Court
The Surrogate.
I have had occasion to say that the accounting contemplated by section 63 of 3 R. S., [6 ed.] 99, (2 R. S., 92, § 52), was of very little practical utility if it only authorized the examination of an executor or administrator thus accounting under section 67 of the same statute.
The object of such an accounting is not only to procure an account, but to ascertain whether the account is correct, and in many instances it would be a futile effort, if only the examination of the executor or administrator were to be had, and their testimony could not be contradicted, or the account…
2Cases cited1 opinion
- Buchan v. . RintoulNew York Court of Appeals · 1877
3Cited by2 opinions
- Berdell v. SchellNew York Surrogate's Court · 1883
- Glaskin v. SheehyNew York Surrogate's Court · 1883