Dubois v. Dubois
New York Supreme Court
Debt on the decree of a surrogate ; tried at the Sarata Sa circuit, June 8th, 182-1, before Nelsok, C. Judge, The declaration was, that on the Oth day of April. 1825, tliG plain tin, dtk tnG considGration, judgment^ order and de-cree ^eorSe Palmer, Esq. surrogate of the county of Saratoga, upon and for a certain subject matter within the jurisdiction of the surrogate’s court of that county, recov-ere the trial, the plaintiff proved a decree, reciting that the plaintiff and…
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Debt on the decree of a surrogate ; tried at the Sarata Sa circuit, June 8th, 182-1, before Nelsok, C. Judge, The declaration was, that on the Oth day of April. 1825, tliG plain tin, dtk tnG considGration, judgment^ order and de-cree ^eorSe Palmer, Esq. surrogate of the county of Saratoga, upon and for a certain subject matter within the jurisdiction of the surrogate’s court of that county, recov-ere the trial, the plaintiff proved a decree, reciting that the plaintiff and defendant were acting co-executors of G. Dubois, who had bequeathed a legacy to the plaintiff of $250; which decree…
1Opinion of the Court
Curia, per
Savage, Ch. J.
The objections to the proceedings before the surrogate, eame too late. They should have been taken before the surrogate. His decree sets out the proper citation and proceedings at length; ami *496shews a case in which he had jurisdiction. By the statute, (1 R. L. 448, s. 11,) he is “to hear and determine all causes touching any legacy, or bequest in any last will and testament, payable, or coming out of the personal estate of the testator ; and to decree and compel payment thereof; saving to every one the righi of appeal.”
The principal question raised is, whether debt will…
2Cases cited1 opinion
- Post v. NeafieNew York Supreme Court · 1805
3Cited by17 opinions
- Palmer v. OakleyMichigan Supreme Court · 1847
- McDade v. BurchSupreme Court of Georgia · 1849
- Lightner v. SteinagelIllinois Supreme Court · 1864
- Dane v. CorduanCalifornia Supreme Court · 1864
- Hill v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
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