Strong v. Strong
New York Surrogate's Court
In March, 1875, Edward Strong, the executor, rendered his account, and a decree was entered thereon, based in part upon the release, under seal, of Hannah Strong, a legatee, releasing and discharging the executor from all further liability on account of her legacy. The consideration for this release was the individual promissory note of said Edward Strong for $5,000, payable one year after date, made and delivered to said Hannah a few days prior to the entry of the decree.
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In March, 1875, Edward Strong, the executor, rendered his account, and a decree was entered thereon, based in part upon the release, under seal, of Hannah Strong, a legatee, releasing and discharging the executor from all further liability on account of her legacy. The consideration for this release was the individual promissory note of said Edward Strong for $5,000, payable one year after date, made and delivered to said Hannah a few days prior to the entry of the decree. A motion was made, nearly four years later, to open and set aside said decree in so far as it discharged the executor…
1Opinion of the Court
The Surrogate.
Section 1290, chap. 11, title 3, of the Code of 1877 provides that a motion to set aside a final judgment for error in fact not arising upon the trial, must be made within two years from the filing of the judgment roll. It is claimed that this provision is applicable to this court, but by the temporary act, (Laws of 1876, ch. 449, subd. 8, § 5), it is declared that said section 1290 applies only to the Supreme Court, a Superior City Court, the Marine Court of New York City and County Courts. By section 4 of the *479temporary act (cited above), the word “judgment” is defined to mean…
2Cases cited6 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Rogers v. RogersNew York Court of Chancery · 1828
- Brick's EstateNew York Surrogate's Court · 1862
- Metzger v. MetzgerNew York Surrogate's Court · 1850
- Hitchcock v. MarshallNew York Surrogate's Court · 1877
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3Cited by2 opinions
- Olmsted v. LongNew York Surrogate's Court · 1885
- Fraenznick v. MillerNew York Surrogate's Court · 1883