In re Arnett's Estate
New York Supreme Court
Appeal from surrogate’s court, Niagara county. Proceedings were instituted by the executors of Isaac H. Arnett, in the surrogate’s court, for a settlement of account. The district attorney appeared, and asked an order for the payment of the inheritance tax on behalf of the people, and objected to the account as presented. The objection was overruled and the district attorney excepted.
1Opinion of the CourtDwight, J.
The executors, respondents, and one of the legatees under the will appear specially and move ,to dismiss the appeal on the ground that neither the district attorney nor the people has any standing to prosecute the same. The testator died April 12, 1886. The proceeding before the surrogate was instituted by the petition of the executors, filed July 20,1887, which alleged that all creditors had been paid, and set-out the names of ail persons interested in the estate as legatees, heirs at law, and next of kin, all of whom were collateral relatives. The usual citation was issued, returnable…
2Cases cited3 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Knox v. . BaldwinNew York Court of Appeals · 1880
- Nash v. . White's Bank of BuffaloNew York Court of Appeals · 1887
3Cited by2 opinions
- In re Kemeys' EstateNew York Supreme Court · 1890
- In re Prout's EstateNew York Surrogate's Court · 1888