Pew v. Hastings
New York Court of Chancery
This was an appeal from a decision of the surrogate of the county of Washington. The appellants, as legatees under the will of Anna Hastings, deceased, cited the appellant, as her executor, to account. The executor, wishing for a final account, obtained the usual citation for all persons interested to attend the settlement of his account; and the proceedings were adjourned to the 25th of August.
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This was an appeal from a decision of the surrogate of the county of Washington. The appellants, as legatees under the will of Anna Hastings, deceased, cited the appellant, as her executor, to account. The executor, wishing for a final account, obtained the usual citation for all persons interested to attend the settlement of his account; and the proceedings were adjourned to the 25th of August. But the proctor for the legatees, by mistake, entered the adjournment in his register as having been to the 27th of August, and wrote to their counsel, who resided at Utica, that the hearing was to be…
1Opinion of the Court
The Chancellor.
The affidavits and account which were before the surrogate, upon this application, render it highly probable that great injustice will be done to the appellants if they arc deprived of an opportunity to be heard upon the settlement of the account of the executor. The fact that the whole amount of the bond and mortgage, with interest thereon, was inventoried as due in July, 1843, when, if the account claimed by the father of the executor is correct, the executor must have known there was nothing whatever due upon the bond and mortgage at that time, renders it probable that the…
2Cited by21 opinions
- Matter of RunkNew York Court of Appeals · 1911
- Brick's EstateNew York Surrogate's Court · 1862
- Estate of LeavensWisconsin Supreme Court · 1886
- Dobke v. McClaranNew York Supreme Court · 1864
- Campbell v. ThatcherNew York Supreme Court · 1866
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