Halsey v. Van Amringe
New York Court of Chancery
This was an appeal from a sentence or decree of the surrogate of the city and county of New-York, upon the final settlement of the account of the appellant, as the administrator of the estate of George Youle, deceased.
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This was an appeal from a sentence or decree of the surrogate of the city and county of New-York, upon the final settlement of the account of the appellant, as the administrator of the estate of George Youle, deceased. By the petition of appeal and answer thereto, and the return of the surrogate, it appeared that auditors were appointed to examine and report upon the accounts of the administrator, and that certain exceptions were taken by the appellant to their report; that, on the 17th of June, 1833, the surrogate made a decretal order confirming the report of the auditors, and disposing of…
1Opinion of the Court
The Chancellor.
The surrogate unquestionably erred, in this case, in deciding that the balance of the estate in the hands of the administrator was $1120,30, for which he was personally liable. The decretal order of the 17th of June, expressly declared and directed, that, in the statement of the accounts, the administrator was to be allowed his legal commissions; and in the absence of every thing in this case to show the contrary, I must presume that the direction in that decretal order was correct, whether such order was or was not final and conclusive, between the parties. Independent of that…
2Cited by10 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Secor v. SentisNew York Surrogate's Court · 1882
- In re the Assignment of Rauth & SonNew York Court of Common Pleas · 1880
- Kirby v. CarpenterNew York Supreme Court · 1849
- In re Smith's EstateNew York Surrogate's Court · 1890
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