Matter of Flynn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, made ¡November 22, 1892, which affirmed an order of the surrogate of Saratoga county vacating and setting aside on the ground of fraud, a decree theretofore made settling the accounts of Charles Leach as general guardian of Lettie Leach Brown. This was an application under the provisions of the Code of Civil Procedure (§ 2481, subd.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, made ¡November 22, 1892, which affirmed an order of the surrogate of Saratoga county vacating and setting aside on the ground of fraud, a decree theretofore made settling the accounts of Charles Leach as general guardian of Lettie Leach Brown. This was an application under the provisions of the Code of Civil Procedure (§ 2481, subd. G), to open a decree made by the surrogate of Saratoga county March 25, 1890, on the final settlement of the account of Charles Leach, as general guardian of Lottie…
1Per curiam
The order of the surrogate opening the decree of March 25, 1890, settling the accounts of the general guardian (father) of Lettie Leach Brown, was made on the petition of the respondents, who were purchasers on a partition sale of real estate of Gleason, one of the sureties on the guardian’s bond, without notice of any claim against the guardian on the part of the ward, and the land so purchased ■can be reached to satisfy the surrogate’s decree against the guardian, if the decree stands. The order opening the decree was made, as expressed therein, “ on the ground of fraud in said accounting,”…
2Cases cited2 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
3Cited by25 opinions
- Matter of HendersonNew York Court of Appeals · 1898
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- In Re the Accounting of ClareNew York Court of Appeals · 1929
- In re CooganNew York Supreme Court · 1899
- Morgan v. CowieAppellate Division of the Supreme Court of the State of New York · 1900
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