Kent v. Humfreville
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward Kent and William R. Wilcox, as executors, etc., of Mary J.-Havemeyer, deceased, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 7th day of July, 1896, denying their motion to modify a decree of said court, entered on the 7th day of March, 1896, by striking out the provision for an allowance of commissions to J. Lee Humfreville, the third executor of said estate.
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Appeal by Edward Kent and William R. Wilcox, as executors, etc., of Mary J.-Havemeyer, deceased, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 7th day of July, 1896, denying their motion to modify a decree of said court, entered on the 7th day of March, 1896, by striking out the provision for an allowance of commissions to J. Lee Humfreville, the third executor of said estate. On January 27,1896, a decree was made by Surrogate Arnold in a proceeding brought by all the persons interested in the estate of Mary J.…
1Per curiam
By subdivision 6 of section 2481 of the Code the surrogate is given power to vacate or modify his decree for “ fraud, newly-discovered evidence, clerical error, or other sufficient cause” The appellants rely upon the last ground. It has been held that the section was intended to cover only those cases where relief could not be had by appeal or action to set aside the decree. (Matter of Tilden, 98 N. Y. 434.) It would seem, in this case, that a remedy *314existed for the appellants in an appeal from the decree awarding the commissions. They might, in that proceeding, have offered evidence of Mr.…
2Cases cited1 opinion
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
3Cited by8 opinions
- In re RiceAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Account of GriffinAppellate Division of the Supreme Court of the State of New York · 1924
- In re the Appraisal under the Transfer Tax Acts of the Property of LowryAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Appraisal for Taxation, Under the Act in Relation to Taxable Transfers of Property, of the Estate of RiceNew York Surrogate's Court · 1899
- In re the Judicial Settlement of the Accounts of MonteithNew York Surrogate's Court · 1899
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