Buchan v. . Rintoul
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of the surrogate of the city and county of New York, denying a motion, on the part of appellants, to set aside an order of reference, and to dismiss the objections of respondent to the account presented by appellants as executors of the estate of Thomas B. Rich, deceased. (Reported below, 10 Hun, 183.) The facts appear sufficiently in the oqunion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of the surrogate of the city and county of New York, denying a motion, on the part of appellants, to set aside an order of reference, and to dismiss the objections of respondent to the account presented by appellants as executors of the estate of Thomas B. Rich, deceased. (Reported below, 10 Hun, 183.) The facts appear sufficiently in the oqunion. It is only upon the final accounting by executors or administrators, that a person will be permitted to appear and acquire a standing…
1Opinion of the CourtEarl, J.
The parties to this appeal are executors of the will of Thomas B. Rich, deceased. They are also trustees under the will for certain purposes therein mentioned, and as such took the residuary personal estate. The appellants took and had the sole management and control of the estate. After the expiration of eighteen months from the time of their appointment as executors, the respondent applied' to the surrogate for an order requiring the appellants to render an account of their proceedings, and the order was granted and served. (2 R. S., 92, § 52.) The appellants appeared and filed their…
2Cases cited1 opinion
- Campbell v. BruenNew York Surrogate's Court · 1850
3Cited by8 opinions
- In re Estate of SandersonCalifornia Supreme Court · 1887
- Markey v. StateSupreme Court of Florida · 1904
- In re the Compulsory Judicial Settlement of the Account of DollardNew York Surrogate's Court · 1911
- In re De Russy's WillNew York Supreme Court · 1891
- In re DouglassNew York Surrogate's Court · 1878
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