McGregor v. Buell
New York Court of Appeals
Duncan McG-regor appealed from a decision of the surrogate, on an application for letters testamentary on the estate of James McG-regor, deceased. James Buell and James McG-regor, Jr., were respondents.
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Duncan McG-regor appealed from a decision of the surrogate, on an application for letters testamentary on the estate of James McG-regor, deceased. James Buell and James McG-regor, Jr., were respondents. The supreme court affirmed the decree, hut on appeal to this court it was reversed as to James McG-regor, “without costs, and without prejudice to any future application for letters testamentary,” and with a direction that the judgment of this court should he remitted to the supreme court to he enforced according to law. Reported in 24 JV. Y. 1G6. The questions arising on the present appeal…
1Opinion of the Court
By the Court.
H. R. Seldeet, J.
The record of this case appears to be very defective. This court can only look at the *89return of the court below, for the facts upon which its judgment is to be given. Facts stated in the opinion of the court below, or elsewhere, not found in the return, cannot be regarded. From the return alone, it is not easy to ascertain what has been decided by the supreme court, and still less so, to ascertain the grounds upon which such decision was based. It must doubtless be assumed, from the uniformity of the names of the parties (although the fact is not otherwise…
2Cases cited1 opinion
- Gardiner v. GardinerNew York Court of Appeals · 1865
3Cited by3 opinions
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Hone v. . De PeysterNew York Court of Appeals · 1887
- Brown v. Farmers' Loan & Trust Co.New York Supreme Court · 1890