Janssen v. Wemple
New York Surrogate's Court
Gerard Janssen, executor, &c., of the estate of Francis Blancard, on the 21st day of February, 1877, filed a petition and obtained an order that Christopher Y. Wemple, as executor, &c., of Caroline E. Blancard, deceased, and as administrator, &c., of Louisa Buss, deceased, show cause why a certain order dated on the 26th day of February, 1873, should not be vacated and set aside, as having been granted under a mistake and misapprehension of the nature of the property left by…
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Gerard Janssen, executor, &c., of the estate of Francis Blancard, on the 21st day of February, 1877, filed a petition and obtained an order that Christopher Y. Wemple, as executor, &c., of Caroline E. Blancard, deceased, and as administrator, &c., of Louisa Buss, deceased, show cause why a certain order dated on the 26th day of February, 1873, should not be vacated and set aside, as having been granted under a mistake and misapprehension of the nature of the property left by the testator herein; and also, why the petitioner should not be allowed to make his final account for all the proceeds…
1Opinion of the Court
The Surrogate.
In Clark v. Clark (8 Paige, 152) the remarks of the Chancellor relate to land purchased by the executors as such, on a foreclosure sale under a mortgage belonging to the estate of the testator, and he adds to his observations concerning a sale by order of the Surrogate a qualification in these words: “ And in accounting béfore the Surrogate, while the property still remained in their hands unsold, he would be fully authorized to direct a sale thereof, and the distribution of the proceeds as a part of the estate which had come to their hands in their fiduciary capacity, if those…
2Cases cited5 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Clark v. ClarkNew York Court of Chancery · 1840
- Jackson ex dem. Bogert v. SchauberNew York Supreme Court · 1827
- Catton v. TaylorNew York Supreme Court · 1864
- Scott v. MonellNew York Surrogate's Court · 1862
3Cited by3 opinions
- In re Proving the Last Will & Testament of GoriNew York Surrogate's Court · 1927
- In re KalmowitzNew York Surrogate's Court · 1929
- In re Filley's EstateNew York Surrogate's Court · 1892