Legal Opinion

In re the Judicial Settlement of the Estate of Holmes

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903No. 2PublishedCited by 4 opinions

Appeal by William S. Holmes, as executor, etc., of Mary E. Holmes, deceased, from an order of the Surrogate’s Court of the county of Chenango, entered in said Surrogate’s Court on the 13th day of June, 1902, adjudging the said William S. Holmes guilty of contempt, fining him $1,794.30 therefor, and ordering his. imprisonment until the payment of such fine.

1Opinion of the Court

Chester, J.:

By the final decree in this matter the appellant,,as executor of the last will of his wife, Mary E. Holmes, was directed to pay several legatees under such, will various sums amounting in the aggregate to. $1,794.30. Upon his failing to comply with such direction the order appealed, from was made. Upon the rendition of such final decree this appellant also appealed therefrom to this court and gave the undertaking for costs required by section 2577 of the Code of Civil Procedure to perfect the appeal, but he did. not give the. undertaking required by section 2578 of such Code for…

2Cases cited2 opinions

  1. Matter of Watson v. . NelsonNew York Court of Appeals · 1877
  2. In Re the Judicial Settlement of the Accounts of SnyderNew York Court of Appeals · 1886

3Cited by4 opinions

  1. In re the Estate of WaxNew York Surrogate's Court · 1933
  2. In re the Estate of KahrNew York Surrogate's Court · 1976
  3. In re the Estate of DavidNew York Surrogate's Court · 1904
  4. People ex rel. Dean v. MarkellNew York Supreme Court · 1911

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