In re O'Brien
New York Surrogate's Court
Heabiktg of exceptions taken by Ellen O’Brien, legatee under the will of said deceased, to the report of the referee upon the judicial settlement of the account of the executors. The executors having cited the necessary parties to this proceeding, filed their accounts, duly verified, with vouchers.
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Heabiktg of exceptions taken by Ellen O’Brien, legatee under the will of said deceased, to the report of the referee upon the judicial settlement of the account of the executors. The executors having cited the necessary parties to this proceeding, filed their accounts, duly verified, with vouchers. It appeared that one of the items for the alleged services of their attorney was vouched by a receipt for the gross Sum of $714.13, on which there was an alleged credit by cash of $200, making a balance of $514.13. Ellen O’Brien requested a bill of particulars of said items, which the surrogate…
1Opinion of the Court
Lansing, S.
I do not deem it necessary in a reference of this character (to take testimony and report) to pass anew upon. *138the numerous requests to find presented to the referee, and passed upon by him. It appears to be the duty of the surrogate to»make new or independent findings of law and fact as-the basis of his decree, and to pass upon the exceptions only to the report filed, except that in case of an appeal he must, upon the settlement of the case, make such further findings as may be required to present the questions intended to be reviewed. Code, § 2545; Angevine v. Jackson, 103 N. Y.…
2Cases cited12 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Willcox v. SmithNew York Supreme Court · 1858
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- Attorney-General v. North American Life InsuranceNew York Court of Appeals · 1883
- Seaman v. . WhiteheadNew York Court of Appeals · 1879
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3Cited by8 opinions
- In re the Judicial Settlement of the Final Account of Proceedings of LesterAppellate Division of the Supreme Court of the State of New York · 1916
- Knight v. HamakarOregon Supreme Court · 1901
- In re the Estate of OwenNew York Surrogate's Court · 1932
- In re the Accounting of WoodsNew York Surrogate's Court · 1907
- In re the Estate of SaylesNew York Surrogate's Court · 1908
3 more not listed; retrieve them via the Exa API.