Everts v. Everts
New York Supreme Court
APPEAL from a decree of the surrogate of thq county of Oswego, -made upon the final accounting of the appellant, Morgan Everts, as executor of Philo Everts, deceased. Henry Everts, being interested as a legatee, appeared and contested the said account; and several other persons being interestéd in the decree of the surrogate, were made parties respondent, with the contestant.
Read the full summary
APPEAL from a decree of the surrogate of thq county of Oswego, -made upon the final accounting of the appellant, Morgan Everts, as executor of Philo Everts, deceased. Henry Everts, being interested as a legatee, appeared and contested the said account; and several other persons being interestéd in the decree of the surrogate, were made parties respondent, with the contestant. The executor alleged, in his petition of appeal, among other things, that he was, by the last will and testament of Philo Everts, deceased, appointed the executor thereof, and was duly authorized and empowered by the…
1Opinion of the Court
By the Court,
Mullin, J.
It was competent for the executor to settle his accounts before the surrogate, and if all those who were entitled to notice voluntarily appeared, the surrogate had jurisdiction, and his decree thus made is final, unless appealed from. If a court has jurisdiction of the subject matter, voluntary appearance completes the jurisdiction, and authorizes any decree or judgment which the court may make.
I think the surrogate properly allowed the expenses of the executor in coming from Iowa when the will was. proved. The testator knew that such journey must né-. c'essarily be…
2Cited by13 opinions
- Gerould v. . WilsonNew York Court of Appeals · 1880
- In re the Accounting of SchneiderNew York Surrogate's Court · 1950
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- In re Butler's EstateNew York Surrogate's Court · 1888
- Wilson v. RuthrauffMissouri Court of Appeals · 1900
8 more not listed; retrieve them via the Exa API.