Gerould v. Wilson
New York Supreme Court
Appeal from judgment in favor of defendant, entered upon the report of a referee. The action was brought upon a bond given by Byron H. Wilson as administrator, against the defendant, James R. Wilson, who was a surety on said bond. The bond was filed in Steuben county and letters of administration granted by the surrogate of that county.
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Appeal from judgment in favor of defendant, entered upon the report of a referee. The action was brought upon a bond given by Byron H. Wilson as administrator, against the defendant, James R. Wilson, who was a surety on said bond. The bond was filed in Steuben county and letters of administration granted by the surrogate of that county. On the 3d of November, 1864, the surrogate, upon the application of .the surety, granted an order removing the administrator and revoking the letters. No successor or new administrator was appointed. In 1876, and after the expiration of eighteen months from…
1Opinion of the Court
HaudiN, J. :
Section 52 of the Revised Statutes (2d vol. [Edm. ed.], p. 9.4), permits any creditor or legatee to apply, after eighteen months from the appointment of an administrator or executor, to the surrogate for a citation requiring an accounting by such administrator or executor. Section 60 provides that if the administrator or executor is so required “ to render an account,” he may apply to the surrogate for a citation requiring the next of kin, the legatees and creditors, to appear and “ attend the settlement of such accounts.” Section 68 provides that “whenever the authority of an…
2Cases cited6 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Annett v. . TerryNew York Court of Appeals · 1866
- Wallace v. BassettNew York Supreme Court · 1863
- Coleman v. BeanNew York Court of Appeals · 1866
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