In re Hodgman's Estate
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Washington county. Proceedings on objections filed by certain of the residuary legatees of Frederick D. Hodgman, deceased, and heirs of other residuary legatees, to the accounts of Philander C. Hitchcock and Alfred C. Hodgman, executors of his estate. From a decree settling the accounts of the executors, and from an order denying an application for a commission to take depositions, contestants appeal.
1Opinion of the CourtPutnam, J.
We think that the surrogate did not err in holding that Mary E. Yates was not a party to the proceeding then pending before him, and in refusing her application to file a supplemental account. She was not one of the petitioners, nor was she named in the petition. The prayer of the petition was that the respondent Wing, as executor of Philander C. Hitchcock, a deceased executor, and Alfred C. Hodgman, as executor of said Frederick D. Hodgman, deceased, show cause why the decree should not be opened, and petitioner’s default in filing objections to the account filed in behalf of said executors…
2Cases cited12 opinions
- In re the Estate of WagnerNew York Court of Appeals · 1890
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Coon v. . KnapNew York Court of Appeals · 1854
- In Re the Judicial Settlement of the Accounts of Executors of HodgmanNew York Court of Appeals · 1893
- Woodin v. BagleyNew York Supreme Court · 1835
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3Cited by1 opinion
- In re United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903