In re Wright
New York Surrogate's Court
This cause was determined in this court and a decree entered. An appeal was taken to the General Term of the Supreme Court, where the decree was affirmed in part and reversed in part. An appeal was then taken to the Court of Appeals, where the decree of the Surrogate and the judgment of the Supreme Court ere reversed on one point, and the whole case rented to this court for a rehearing. The facts appear in the opinion.
1Opinion of the Court
The Surrogate.
— The question now to be considered is, what is the proper mode of proceeding on the rehearing, the counsel for the administrator claiming that the whole body of the evidence received on the original hearing is to remain precisely as it stands, while the counsel on the other side contends that, if taken at all, it must be so taken subject to such objections as either party may see fit to raise, in the same manner as if the testimony were offered on an original hearing. Both agree that either party may adduce additional evidence.
It is a little remarkable that no case can be found…
2Cases cited2 opinions
- Harrison v. Mc. MennomyNew York Court of Chancery · 1834
- Land v. WickhamNew York Court of Chancery · 1828