In re Parker
New York Court of Chancery
This was an appeal from a decision of the surrogate of the city and county of New-York, rejecting the petition of the appellant, for directions to an executor, in relation to the discharge of his trust. The petitioner was one of the legatees of C. Walker, deceased, to the amount of $5000, payable out of the personal estate.
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This was an appeal from a decision of the surrogate of the city and county of New-York, rejecting the petition of the appellant, for directions to an executor, in relation to the discharge of his trust. The petitioner was one of the legatees of C. Walker, deceased, to the amount of $5000, payable out of the personal estate. And the petition stated, in substance, that there was justly due to the mother of the petitioner $5300, and interest, upon two notes given to her by the testator; that the executor had not filed an inventory of the estate, but had informed the petitioner that if these two…
1Opinion of the Court
The Chancellor.
To show that the surrogate had jurisdiction to receive and act upon this petition, and to grant the relief asked for, the appellant’s counsel relies upon the provisions of the revised statutes; which, among other things, empower the surrogates to direct and control the conduct of executors and administrators. (2 R. S. 220, § 1, sub. 3.) It is difficult to say what direction and control, over executors and administrators, was intended to be given to the surrogates, by the third subdivision of the first section of the title relative to surrogates’ courts. But as the concluding…
2Cited by4 opinions
- Wood v. . BrownNew York Court of Appeals · 1866
- In re EngelbrechtAppellate Division of the Supreme Court of the State of New York · 1897
- Sheldon v. TompkinsAppellate Division of the Supreme Court of the State of New York · 1942
- Brennan v. LaneNew York Surrogate's Court · 1886