In re Estate of Hale
Appellate Division of the Supreme Court of the State of New York
Appeal by George ~W. Debevoise and another, as executors, etc., of Joseph P. Hale, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 15th day of January, 1896, directing them to render and file an intermediate account of their proceedings as executors of Joseph P. Hale,-deceased. This is a proceeding to compel the executrix and executor of Joseph P. Hale, deceased, to file an intermediate account.
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Appeal by George ~W. Debevoise and another, as executors, etc., of Joseph P. Hale, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 15th day of January, 1896, directing them to render and file an intermediate account of their proceedings as executors of Joseph P. Hale,-deceased. This is a proceeding to compel the executrix and executor of Joseph P. Hale, deceased, to file an intermediate account. The testator departed this life on the 15th day of October, 1883,. and in the -same month and year his will was. admitted to…
1Opinion of the Court
O’Brien, J.:
The Code of Civil Procedure and the authorities sustain the view that the Statute of Limitations applies as well to. special proceedings us to' actions, and whether wé regard the six-year or the ten-year limitation as applicable, both have run prior to the initiation of this -proceeding by the surrogate and the making of the order appealed from.. It is insisted, however, that this -is not a special proceeding, but is the exercise of a. power granted by the Legislature to the surrogate under section 2725, subdivision 4, Of the Code, by which he is authorized of .his. own motion to…
2Cases cited1 opinion
- In re the Estate of WagnerNew York Court of Appeals · 1890
3Cited by2 opinions
- In re the Estate of VoislawskyNew York Surrogate's Court · 1924
- People ex rel. Chedsey v. City of New YorkNew York Supreme Court · 1918