Legal Opinion

In re the Judicial Settlement of the Accounts of Lyth & Baynes

New York Surrogate's Court

Decided October 15, 1900PublishedCited by 5 opinions

Motion to dismiss objections filed in proceedings for the judicial settlement of the accounts of executors and trustees.

1Opinion of the Court

MaeCus, S.

— On March 14, 1892, letters testamentary were issued to the executors above named. On the 5th day of June, 1900, a petition for a voluntary accounting was filed by such executors, and a citation issued thereupon. Upon the return day of such citation the legatees appeared in open court and filed objections to the account. The executors then moved to dismiss all the objections filed on the ground that a contest or ■hearing of such objections was barred by the Statute of Limitations, since the same were not filed within six years from the time the right accrued to compel such an…

2Cases cited5 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
  3. Matter of Petition of CampNew York Court of Appeals · 1891
  4. In re the Estate of JonesAppellate Division of the Supreme Court of the State of New York · 1900
  5. Young v. YoungNew York Court of Common Pleas · 1893

3Cited by5 opinions

  1. In re the Accounting of AquinoNew York Surrogate's Court · 1945
  2. In re Judicial Settlement in the Estate of PrinceNew York Surrogate's Court · 1907
  3. In re the Estate of MillerNew York Surrogate's Court · 1896
  4. In re the Judicial Settlement of the Account of Proceedings of BrewsterNew York Surrogate's Court · 1915
  5. Mills v. United StatesDistrict Court, D. Nevada · 2020

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