Legal Opinion

In re the Judicial Settlement of the Accounts of St. John

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

Decided May 15, 1905PublishedCited by 13 opinions

Appeal by Norman 0. Andrews from an order of the-Surrogate’s Court of the county -of New York, entered in. said Surrogate’s Court on the 3d day of February, 1904, denying the appellant’s motion for leave to appear in this proceeding and file his objections to the executor’s account,, with notice- of an intention .to’ bring up for review upon such appeal an order bearing date the 27th day of.

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Appeal by Norman 0. Andrews from an order of the-Surrogate’s Court of the county -of New York, entered in. said Surrogate’s Court on the 3d day of February, 1904, denying the appellant’s motion for leave to appear in this proceeding and file his objections to the executor’s account,, with notice- of an intention .to’ bring up for review upon such appeal an order bearing date the 27th day of. November, 1901, and entered in said Surrogate’s Court, appointing a referee to take and report -as to the question of appellant being a person interested in the estate of Walláce C. Andrews, deceased.

1Opinion of the Court

O’Brien, J.:

The testator, Wallace 0. Andrews, died in a fire which destroyed his home and in which several other people perished, including his wife and her sister-in-law, Mrs. St. John. Mr. Andrews left a last will and testament which was duly admitted to probate, and while this proceeding for the judicial settlement of the executor’s accounts was pending, ¡Norman 0. Andrews, a brother of testator and one of the next of kin, made a motion for an order permitting him to appear in the proceeding and to file objections to the executor’s account. The applicant claims that Mr. Andrews died…

2Cases cited3 opinions

  1. Riggs v. . CraggNew York Court of Appeals · 1882
  2. Johnston v. . DonvanNew York Court of Appeals · 1887
  3. Donlon v. KimballAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by13 opinions

  1. St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
  2. In Re the Accounting of GallNew York Court of Appeals · 1905
  3. In re the Estate of PrattNew York Surrogate's Court · 1932
  4. In re the Estate of ScheftelNew York Surrogate's Court · 1933
  5. City Bank Farmers Trust Co. v. BennettNew York Supreme Court · 1936

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