In re Compulsory Accounting of Armstrong
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Jay T. Eldridge, and another, from an order of the Surrogate’s Court of Washington county, entered in said Surrogate’s Court on the 29th day of January, 1902, denying their motion to vacate an order entered in said Surrogate’s Court on the 30th day of December, 1901, declaring that the proceeding had abated.
1Opinion of the Court
Kellogg, J.:
It appears from the moving papers that a petition for a compulsory accounting by Robert Armstrong, Jr., administrator, etc., was presented by the residuary legatee to the surrogate of Washington county and proceedings and hearings were thereunder had from March 21, 1898, to November 4, 1901, when the matter was finally submitted to the Surrogate’s Court for decision. On December 30, 1901, the surrogate not having rendered a decision made an order therein reciting, “it having been brought to the attention of this court that Robert Armstrong, Jr., died on the 27th of November, 1901,…
2Cases cited6 opinions
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Pew v. HastingsNew York Court of Chancery · 1846
- Seaman v. . WhiteheadNew York Court of Appeals · 1879
- In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by3 opinions
- In re MacLeanNew York Surrogate's Court · 1919
- In re the Proceedings for the Adoption of JohnstonNew York Surrogate's Court · 1912
- In re the Probate of the Will of TaylorAppellate Division of the Supreme Court of the State of New York · 1947