In re Henderson
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Peter E. Henderson, as executor, etc., of Stephen L. Henderson, deceased, from an order of the Sufrogate’s Court of Kings county, entered in said Surrogate’s Court on the '28th day of April, 1898, denying his petition to open a decree made on an intermediate accounting by him.
1Opinion of the Court
Cullen, J.:
The appellant, executor of the will of Stephen L. Henderson, deceased, applied to the surrogate to open a decree made on an intermediate accounting by the executor. This decree was entered more than two years prior to the application. The ground of the application was that in his account the petitioner had made a clerical, or "rather arithmetical, error, as the result of which the decree imposed upon him liability for an excessive sum. The learned surrogate, without passing on the merits of the application,-denied it for want of power.
If this were an action in the Supreme Court the…
2Cases cited5 opinions
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Brick's EstateNew York Surrogate's Court · 1862
- Dobke v. McClaranNew York Supreme Court · 1864
- Becker v. People ex rel. CookNew York Court of Appeals · 1859
3Cited by4 opinions
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of HellerNew York Surrogate's Court · 1962
- In re the Estate of HackfeldNew York Surrogate's Court · 1943
- Meeks v. MeeksNew York Supreme Court · 1906