In re the Judicial Settlement of the Account of Proceedings of Carpenter
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles H. Tyler and others from a décree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 4th day of April, 1916, overruling their exceptions to the report of the referee herein, confirming said report and adjudging that the appellants’ claims are not valid obligations against this estate.
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Appeal by Charles H. Tyler and others from a décree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 4th day of April, 1916, overruling their exceptions to the report of the referee herein, confirming said report and adjudging that the appellants’ claims are not valid obligations against this estate. The deceased, with seven other alleged stockholders, on March 31, 1910, filed in the United States Circuit Court for the District of Massachusetts, a bill in equity, for injunction, and for appointment of a receiver, to stop a proposed…
1Opinion of the Court
Putnam, J.:
The referee’s report was in proper form. It was in effect a nonsuit which would not call for special findings of fact. Furthermore, under section 2541 of the Code of Civil Procedure, the decision of the surrogate or his referee need not contain separate findings of fact.
Claimants’ testimony to prove a retainer from deceased starts at Boston, where Mr. Tyler, of the law firm of Tyler & Young, was visited by Mr. Francis E. Baker, an attorney, who purported to represent the complainants in an intended injunction suit against the Knollwood Cemetery Corporation. Mr. Tyler testified that…
2Cited by3 opinions
- In re the Estate of SielckenNew York Surrogate's Court · 1937
- In re the Estate of RoesslerNew York Surrogate's Court · 1939
- In re the Estate of O'ConnorNew York Surrogate's Court · 1936