In Re the Estate of Gilbert
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 5, 1886, which reversed a decree of the surrogate of the county of Ontario, requiring George Thayer, as surviving administrator of the estate of Edwin Gilbert, to render a further account, particularly as to the proceeds arising from the sale by him of certain real estate.
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Appeal from, judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 5, 1886, which reversed a decree of the surrogate of the county of Ontario, requiring George Thayer, as surviving administrator of the estate of Edwin Gilbert, to render a further account, particularly as to the proceeds arising from the sale by him of certain real estate. (.Reported below, 39 Hun, 61.) In 1859, said Thayer applied to Gideon Pitts, Perez B. Pitts and said Gilbert to make a loan to the Little Palis Manufacturing Company, a Minnesota corporation,…
1Opinion of the CourtFinch, J.
The order of the surrogate directing the defendant to account for the proceeds of the land in controversy was appealable to the General Term, and that tribunal did not err in reversing the judgment instead of dismissing the appeal. Such an appeal is permitted where the order “ affects a substantial right.” (Code Civ. Pro., § 2570.) It need not be a “ final ” order as becomes an essential inquiry when the jurisdiction of this court is invoked (In re Halsey 93 N. Y. 48), but whether such or not, is subject to review by the General Term if it involves a substantial right. That was the character…
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