In re the Judicial Settlement of the Account of Baldwin
New York Surrogate's Court
In this estate, a compulsory accounting was had at the instance of the executors of one Elizabeth Carter,- who claimed to be creditors of the estate of George R. Baldwin by virtue of a judgment recovered for rent.
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In this estate, a compulsory accounting was had at the instance of the executors of one Elizabeth Carter,- who claimed to be creditors of the estate of George R. Baldwin by virtue of a judgment recovered for rent. This judgment was entered on the report of a referee, appointed to hear and determine the case, which report contained no express direction to enter judgment, but found as a conclusion of law that the same should be awarded against Elizabeth S. Baldwin, the executrix of the decedent George R. Baldwin, not specifying that it was to be entered against her in her representative…
1Opinion of the Court
Varnum, S.
I am constrained to follow the directions of the remittitur herein, and cannot pass on the question whether or not there should have been a substitution of the administrator cum testamento annexo for the executors, petitioning herein, before the proceedings in the Court of Appeals were had and the default there taken, although it is possible that section 756 of the Code would not apply to this proceeding because of the provisions of subdivision 6 of section 3347. The order of the Appellate Division, therefore, will be effectuated by the judgment and decree of this court, in…
2Cases cited2 opinions
- Matter of Water Commissioners of Amsterdam, ChalmersNew York Court of Appeals · 1887
- Clason v. BaldwinNew York Supreme Court · 1891