Schenck v. . Dart
New York Court of Appeals
Appeal from the Supreme Court. The respondent Sehenck and two others were residuary legatees under the will of Peter H. Sehenck, deceased, and on their petition the appellants, Bussel Dart and Peter H, Vandervoort, the executors, were cited to appear before the surrogate of the county of Dutchess, to render an account concerning the estate of the decedent.
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Appeal from the Supreme Court. The respondent Sehenck and two others were residuary legatees under the will of Peter H. Sehenck, deceased, and on their petition the appellants, Bussel Dart and Peter H, Vandervoort, the executors, were cited to appear before the surrogate of the county of Dutchess, to render an account concerning the estate of the decedent. Peter H. Schenck died in September, 1852, leaving a large estate, embracing, among other assets, sixty-one shares of stock in the Grlenham Company, a corporation which carried on the business of manufacturing woolen cloths. By the residuary…
1Opinion of the Court
Comstock, Ch. J.
The first point urged on this appeal is, that the Supreme Court, on reversing the decree of the surro gate, should have sent the proceedings back for a rehearing before him, instead of pronouncing a final judgment. We think this position cannot be maintained. Under the former system of procedure, where a judgment in an action at law was reversed upon writ of error, a venire de novo, or new trial, was always granted. In equity causes, on the other hand, the appellate court, if it reversed the decree appealed from, proceeded to make a new and complete adjudication, such as the…
2Cases cited1 opinion
- Edmonston v. . McLoudNew York Court of Appeals · 1858
3Cited by40 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Clapp v. . FullertonNew York Court of Appeals · 1866
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Robinson v. . RaynorNew York Court of Appeals · 1863
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