Legal Opinion

Gratacap v. Phyfe

New York Court of Chancery

Decided May 5, 1846PublishedCited by 8 opinions

This was an appeal from a decretal order of the surrogate of the city and county of New-York. The appellants, G. P. and J. L. Gratacap, presented a petition to the surrogate, stating that the respondent’s intestate was indebted to them at the time of his death, in the sum of $4800, upon three promissory notes which were then due; that administration upon the estate was granted to the respondent in 1842; and that he had not rendered an account,, although more than eighteen…

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This was an appeal from a decretal order of the surrogate of the city and county of New-York. The appellants, G. P. and J. L. Gratacap, presented a petition to the surrogate, stating that the respondent’s intestate was indebted to them at the time of his death, in the sum of $4800, upon three promissory notes which were then due; that administration upon the estate was granted to the respondent in 1842; and that he had not rendered an account,, although more than eighteen months had expired since the letters of administration were granted to him. They therefore prayed that he might be ordered…

1Opinion of the Court

The Chancellor.

The statute authorizes the surrogate to make an order, after the expiration of eighteen months from the time of the appointment of the administrator, that he render an *488account of his proceedings. And such an order may be granted upon the application of a person having a demand against the personal estate of the decedent, as creditor, legatee or next of kin, or in behalf of a minor having such claim; or it may be made by the surrogate, ex officio, without any such application. The proceedings, however, are entirely different where the order is made by the surrogate ex officio,…

2Cited by8 opinions

  1. In re the Estate of WagnerNew York Court of Appeals · 1890
  2. White v. SpauldingMichigan Supreme Court · 1883
  3. In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
  4. In re JonesNew York Surrogate's Court · 1846
  5. Ludington's PetitionNew York Court of Common Pleas · 1878

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