McNaughton v. Chave
New York Supreme Court
Trial at circuit before a judge without a jury. This action was brought by Mary McHaughton against William Gr. Chave, sole surviving administrator with the will annexed of James Espié, deceased, and John L. Russell, Joseph T. Brown and Tabitha C. Smith, sureties on the bond of the said administrator.
Read the full summary
Trial at circuit before a judge without a jury. This action was brought by Mary McHaughton against William Gr. Chave, sole surviving administrator with the will annexed of James Espié, deceased, and John L. Russell, Joseph T. Brown and Tabitha C. Smith, sureties on the bond of the said administrator. The foundation of the action was what was claimed to be a decree upon a final accounting before Surrogate Robert C. Hutching-s, in December, 1875, the last month in office of the said surrogate. The paper purporting to be the decree upon this accounting, was not signed, seen, or directed to be…
1Opinion of the CourtBarrett, J.
In courts of record having equity jurisdiction, findings of fact and conclusions of law must be signed by the justice who tried the case.
The decree is thereupon entered on his fiat. In the *228surrogate’s court the decree is signed by the surrogate, and entered in the minutes which he is directed to keep (2 R. S. 221, § 7, subd. 4; Laws 1837, ch. 460, § 21). In the act with respect to the surrogate’s court in New York.city, the minutes of the surrogate are expressly recognized (Laws 1870, ch. 359, § 11), and authority is given to make and enter all lawful orders and decrees (Laws 1870, ch. 359, §…
2Cases cited1 opinion
- Goelet v. . SpoffordNew York Court of Appeals · 1873
3Cited by2 opinions
- In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
- In re Lawrence's EstateNew York Surrogate's Court · 1899