In re Moulton's Estate
New York Supreme Court
Appeal from surrogate’s court, Oneida county. Petition by Miriam M. Kellogg, Sarah M. Kellogg, Julia Ann Sleeper, and Eliza Pratt, creditors and heirs at law of David Moulton, deceased, for the revocation of letters of administration theretofore granted to Emily A. Moulton, widow of the deceased. From a decree in favor of the administratrix the petitioners appeal.
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Appeal from surrogate’s court, Oneida county. Petition by Miriam M. Kellogg, Sarah M. Kellogg, Julia Ann Sleeper, and Eliza Pratt, creditors and heirs at law of David Moulton, deceased, for the revocation of letters of administration theretofore granted to Emily A. Moulton, widow of the deceased. From a decree in favor of the administratrix the petitioners appeal. In the notice of appeal the appellants state that they “intend to bring up for review," upon such appeal, the surrogate’s order of reference, herein made and entered in said surrogate’s office on the 22d day of December, 1886; * * *…
1Opinion of the CourtHardin, P. J.
1. Section 2545 of the Code .of Civil Procedure provides that “the surrogate must file in his office his decision in writing, which must state separately the facts found and the conclusions of law.” If the parties to the proceeding now before us had followed the requirements of this section, by presenting to this court a “decision in writing,” which stated separately the facts found and the conclusions of law, the practice would have been much more satisfactory than that which now appears in the appeal-book before us; and it would have been in keeping with our decision in Otis v. Hall, 6 N.…
2Cases cited19 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Horn v. . PullmanNew York Court of Appeals · 1878
- Bate v. . GrahamNew York Court of Appeals · 1854
- Dewey v. . MoyerNew York Court of Appeals · 1878
- In Re the Estate of McGrawNew York Court of Appeals · 1888
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3Cited by1 opinion
- In re Roberts' EstateNew York Supreme Court · 1893