Disosway v. Bank of Washington
New York Supreme Court
APPEAL from a decree of the surrogate of Livingston county made on a final settlement of an administrator’s account. On the 7th day of November, 1812, Charles Carroll and Daniel Carroll, then of the city of Washington, executed and delivered to Charles Carroll of Carrollton, of the city of Annapolis in the state of Maryland, their joint and several bond in the penalty of $11,266.88, conditioned for the payment of $5,633.44, with interest.
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APPEAL from a decree of the surrogate of Livingston county made on a final settlement of an administrator’s account. On the 7th day of November, 1812, Charles Carroll and Daniel Carroll, then of the city of Washington, executed and delivered to Charles Carroll of Carrollton, of the city of Annapolis in the state of Maryland, their joint and several bond in the penalty of $11,266.88, conditioned for the payment of $5,633.44, with interest. The obligor, Charles Carroll, afterwards removed to the county of Livingston in the state of New York, where he died prior to the year 1839, but the case…
1Opinion of the Court
By the Court, Welles, J.
The order of the 2d of December, 1854, directing the appellant to render an account, &c., was not appealed from within thirty days, and cannot, therefore, be reviewed on this appeal, which was not taken until *64after the lapse of thirty days from the time the order was made. (2 R. S. 610, §s 105,106 and 107. Bronson v. Ward, 3 Paige, 189.) Upon that order being made, the appellant petitioned the surrogate for a final settlement, in pursuance of 2 R. S. 93, § 60, &c., and proceedings were had accordingly for that purpose. Upon the hearing of the matters of that petition,…
2Cases cited2 opinions
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
- Bronson v. WardNew York Court of Chancery · 1831
3Cited by6 opinions
- Andrews v. WallegeNew York Supreme Court · 1859
- Vreeland v. SchoonmakerNew Jersey Superior Court Appellate Division · 1863
- Martine's EstateNew York Surrogate's Court · 1882
- Greene v. DayNew York Surrogate's Court · 1882
- Behrle v. ShermanThe Superior Court of New York City · 1863
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