Douglas v. Yost
New York Supreme Court
Appeal from special term, Jefferson county. Action by John P. Douglas, as executor of the last will and testament of Harriet Chase, deceased, against George E. Tost and Levi Chase, as administrators, etc., of James Chase, Jr., deceased, and others, for the construction of the will, and for a settlement of plaintiff’s accounts as executor, and for direction as to his duties.
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Appeal from special term, Jefferson county. Action by John P. Douglas, as executor of the last will and testament of Harriet Chase, deceased, against George E. Tost and Levi Chase, as administrators, etc., of James Chase, Jr., deceased, and others, for the construction of the will, and for a settlement of plaintiff’s accounts as executor, and for direction as to his duties. From an interlocutory judgment entered upon the decision of special term, defendants Tost and Levi Chase appeal.
1Opinion of the CourtMerwin, J.
The appellants claim that the surrogate’s court of Jefferson county possesses jurisdiction and power to determine all the questions arising in this action, and that no sufficient reason is shown for bringing an equity action in the supreme court. It is not alleged in the ans wer that the plaintiffs have an *831adequate remedy at law. This, in some cases, has been held to be necessary. Ostrander v. Weber, 114 N. Y. 102, 21 N. E. Rep. 112. The supreme court possesses jurisdiction concurrent with the surrogate’s court to entertain an action or proceeding for an accounting by executors. Haddow v.…
2Cases cited10 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Haddow v. . LundyNew York Court of Appeals · 1874
- Ostrander v. . WeberNew York Court of Appeals · 1889
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3Cited by1 opinion
- Dodd v. AndersonNew York Supreme Court · 1908