Legal Opinion

In re the Final Accounting of Coe

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1900PublishedCited by 5 opinions

Appeal by George B. Coe, as executor, etc., of Sarah A. Coe, deceased, from so much of a decree of the Surrogate’s Court of the county of Chenango, entered in said Surrogate’s Court on the 20th day of FTovetnber, 1899, as directs the said George B. Coe, as executor, to pay to the Associated Presbyterian Society of Oxford a legacy of $2,000, with interest thereon from September 11, 1891, with notice of an intention to bring up for review upon such appeal an order of the…

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Appeal by George B. Coe, as executor, etc., of Sarah A. Coe, deceased, from so much of a decree of the Surrogate’s Court of the county of Chenango, entered in said Surrogate’s Court on the 20th day of FTovetnber, 1899, as directs the said George B. Coe, as executor, to pay to the Associated Presbyterian Society of Oxford a legacy of $2,000, with interest thereon from September 11, 1891, with notice of an intention to bring up for review upon such appeal an order of the Surrogate’s Court of Chenango county, entered in said Surrogate’s Court on the 18th day of September, 1899, requiring the…

1Opinion of the Court

Edwards, J.:

Section 2568 of the Code of Civil Procedure limits the right of appeal from a decree of a Surrogate’s Court to a “ party aggrieved,” and I think that the appellant is not within that designation. The question raised by him before the surrogate, and on this appeal, is in respect to the validity of the bequest to the First Congregational Church of Oxford, N. Y. In that question the residuary legatees alone are interested, as they are the persons who are entitled to the moneys if the bequest is void. It is not pretended that the estate is not ample for the payment of the bequest,…

2Cases cited2 opinions

  1. Bryant v. . ThompsonNew York Court of Appeals · 1891
  2. In Re the Judicial Settlement of the Accounts of Executors of HodgmanNew York Court of Appeals · 1893

3Cited by5 opinions

  1. Hourt v. WeigartAppellate Division of the Supreme Court of the State of New York · 1912
  2. In re the Estate of HeldmannAppellate Division of the Supreme Court of the State of New York · 1912
  3. Heist v. HeistAppellate Division of the Supreme Court of the State of New York · 1910
  4. In re Proving the Last Will & Testament of StapletonAppellate Division of the Supreme Court of the State of New York · 1902
  5. In re the Estate of LandersAppellate Division of the Supreme Court of the State of New York · 1936

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