In Re the Accounting of Totten
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1903, which reversed a decree of the Kings County Surrogate’s Court rejecting certain claims of the respondent herein against the estate of Fanny Amelia Lattan, ■deceased.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1903, which reversed a decree of the Kings County Surrogate’s Court rejecting certain claims of the respondent herein against the estate of Fanny Amelia Lattan, ■deceased. This is a controversy between the administrator of Fanny Amelia Lattan, deceased, and Emile B. Lattan, who presented a claim against the estate of said decedent which was duly rejected by the representative thereof. The claim was for the sum of $1,775.03, besides interest, alleged to he due “ by reason…
1Opinion of the CourtVann, J.
The first question presented relates to our jurisdiction to hear the appeal. As the reversal was upon the facts as well as the law, if there was a material question of fact we cannot consider the action of the Appellate Division in determining it,'Tor we are confined by the Constitution to the review of questions of law. (Matter of Thorne, 162 N. Y. 238.) The court below exercised its appellate jurisdiction by reversing the decree of the surrogate and its original jurisdiction by allowing the claim in controversy, and if either involved the decision of a question of fact we have no…
2Cases cited14 opinions
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- In Re the Judicial Settlement of the Accounts of BolinNew York Court of Appeals · 1892
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