In re Congregation Unitarian Soc.
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, New York county. Application of the Congregation Unitarian Society of Bernardston, against Lucy Ann Hale and another, as executrix and executor uf Joseph P. Hale, deceased, for leave to issue execution on a certain judgment recovered by plaintiff against defendants. From an order directing an intermediate accounting to determine the condition of the estate, defendants appeal.
1Opinion of the CourtIngraham, J.
The petitioner, having obtained a judgment against the executors for a legacy left to it under the last will and testament of the testator, applied to the surrogate for authority to issue an execution, under the provisions of sections 1825 and 1826 of the Code of Civil Procedure. The- testator died in the city of New York in the year 1883, and his last will and testament was admitted to probate on or about October 19, 1883. Letters testamentary were issued to the appellants as executors named in the will. Subsequently the petitioner commenced an action against the executors to recover the…
2Cases cited1 opinion
- Congregational Unitarian Soc. v. HaleAppellate Division of the Supreme Court of the State of New York · 1898