Legal Opinion

In re the Estate of Merritt

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by Mary Ann Weeks, Louisa M. Sutton and Mary B. Sutton, claiming to be creditors of the estate of Hannah B. Merritt, deceased, from an order of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 7th day of ¡November, 1898, denying their application for an order requiring John Merritt, as executor, etc., of Hannah B. Merritt, deceased, to render and settle his account.

1Opinion of the Court

Willard Bartlett, J.:

Under section 2727 of the Code of Civil Procedure, the Surrogate’s Court is required to make an order directing an executor or administrator to account, unless such executor or administrator shows good cause to the contrary. The order rests in the sound discretion of the surrogate, and the Appellate Division cannot interfere with the exercise of that discretion except in cases where it has been abused. (Matter of Adler, 60 Hun, 481.) We do not perceive that there was any abuse of discretion in refusing the order in the present proceeding. The judgments obtained by the…

2Cases cited2 opinions

  1. In re Adler's EstateNew York Supreme Court · 1891
  2. Curtis v. StilwellNew York Supreme Court · 1860

3Cited by1 opinion

  1. In re the Estate of BlumAppellate Division of the Supreme Court of the State of New York · 1903

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