In Re the Accountings of Hawley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 12, 1885, which reversed an order of the surrogate of the county of Westchester, denying an application of Adam M. Singer to open, vacate, or modify certain decrees of said surrogate, and which granted the application. (Reported below, 36 Hun, 258.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 12, 1885, which reversed an order of the surrogate of the county of Westchester, denying an application of Adam M. Singer to open, vacate, or modify certain decrees of said surrogate, and which granted the application. (Reported below, 36 Hun, 258.) The material facts are stated in the opinion. The surrogate had jurisdiction to make the decrees sought to be set aside in this proceeding. (Code, § 3347, subd. 11.) As the present application was not made until more than seven years after the…
1Opinion of the Court
Ruger, Ch. J.
Deference to the principles determined In re Tilden (98 N. Y. 434) seems to furnish a rule, by which this appeal must be decided. The facts are quite similar to those existing in that case and are substantially as follows: David Hawley and Charles M. Keller were named as executors in the will of Isaac M. Singer, and were also designated to act as guardians and trustees of the property of the infant legatees named therein. Singer died in July, 1875, and his will was admitted to probate on the application of Hawley, January 10, 1876, and letters testamentary were then issued to…
2Cases cited2 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- Brick's EstateNew York Surrogate's Court · 1862
3Cited by57 opinions
- Matter of HendersonNew York Court of Appeals · 1898
- In re Proving the Last Will & Testament of HermannAppellate Division of the Supreme Court of the State of New York · 1917
- In Re the Accounting of ClareNew York Court of Appeals · 1929
- Thorn v. . De BreteuilNew York Court of Appeals · 1904
- In re the Estate of EvansNew York Surrogate's Court · 1937
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