Legal Opinion

Williamson v. Williamson

New York Court of Chancery

Decided March 7, 1837PublishedCited by 94 opinions

This was an appeal from a decree of the surrogate of Kings county upon the settlement of the accounts of the respondents as the executors of Stephen B. Williamson. The testator died in November 1828, possessed of a large real and personal estate.

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This was an appeal from a decree of the surrogate of Kings county upon the settlement of the accounts of the respondents as the executors of Stephen B. Williamson. The testator died in November 1828, possessed of a large real and personal estate. By his will he devised to his sons Nicholas S., John, and James A., certain specific portions of his real estate, and the residue thereof he devised to James A. He also confirmed certain advancements which he had theretofore made to his daughter Susan, the wife of S. Hendrickson, and gave her in addition thereto, a legacy of $4000, payable out of the…

1Opinion of the Court

The Chancellor.

The first objection to the account, as stated by the surrogate, is that he. has not charged the respondents with $1990 for the Howard Insurance stock, instead of $1890. As there is nothing in the return of the surrogate from which it can be legally inferred that this was an erroneous allowance, the appellants strictly are not entitled to have the decree modified upon the mere production of extraneous proofs in opposition to the return. It is the duty of the surrogate upon the taking of an account, or upon any other proceeding which may be the subject of an appeal, to reduce to…

2Cited by94 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. In re the Estate of SmallmanNew York Surrogate's Court · 1931
  3. Matter of Accounting of BensonNew York Court of Appeals · 1884
  4. Lawrence v. . LittlefieldNew York Court of Appeals · 1915
  5. Cooke v. . MeekerNew York Court of Appeals · 1867

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