In Re the Judicial Settlement of the Account of Prentice
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 20, 1898, affirming a decree of the Surrogate’s Court of the county of Kings, judicially settling an account of the respondents as executors and trustees. The appeal below was heard in the first department, having been transferred from the second department.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 20, 1898, affirming a decree of the Surrogate’s Court of the county of Kings, judicially settling an account of the respondents as executors and trustees. The appeal below was heard in the first department, having been transferred from the second department. Letters testamentary upon the estate of John H. Prentice, deceased, were issued in March, 1881. The accounting, upon which the surrogate’s order or decree appealed from was made, was the third accounting of the executors.…
1Per curiam
We think that jurisdiction is given to this court to review the order appealed from,' under the provisions ok subdivision one of section 190 of the Code of Civil Procedure..' The proceeding, which the executors have instituted for the purpose of. a judicial settlement of their accounts, is a special proceeding.'• Section 2731 of the Code sufficiently indicates that, if it were needed to find authority for the statement.' ' The order, or decree, of the surrogate was final in its nature; for it determined the rights of the parties to the pro^ ceeding, to the extent that it actually adjudged…
2Cited by6 opinions
- In re the Estate of DoaneWashington Supreme Court · 1911
- In re the Estate of ObergNew York Surrogate's Court · 1933
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Estate of KennedyNew York Surrogate's Court · 1935
- In re the Accounting by DottinNew York Surrogate's Court · 2015
1 more not listed; retrieve them via the Exa API.