Legal Opinion

In Re the Several Accountings of the Executors of Tilden

New York Court of Appeals

Decided March 10, 1885PublishedCited by 87 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 15,1885, which reversed a decree of the surrogate of the county of New York, denying a motion to-vacate certain decrees theretofore made by said surrogate upon accountings of the executors of William Tilden, deceased, and which vacated and set aside said decrees, so far as they affected Beverly B. Tilden, the petitioner. The material facts are stated in the opinion.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 15,1885, which reversed a decree of the surrogate of the county of New York, denying a motion to-vacate certain decrees theretofore made by said surrogate upon accountings of the executors of William Tilden, deceased, and which vacated and set aside said decrees, so far as they affected Beverly B. Tilden, the petitioner. The material facts are stated in the opinion. FT either the surrogate nor the Supreme Court had power upon a proceeding of this nature, on a mere motion, to be heard on…

1Opinion of the Court

Huger, Oh. J.

The jurisdiction of the court to entertain this appeal is questioned upon two grounds, viz.:

First. That the order appealed from is not final; and

Second. That its allowance rested in the discretion of the court below, and is hot reviewable here.

We think the first ground is not tenable. The proceeding terminating in the orders appealed from contemplated one result only, viz.: the annulment and vacation of the several decrees of the surrogate challenged by the petitioner. ISTo other relief was sought, and although its allowance might involve other proceedings, they were ulterior and…

2Cases cited3 opinions

  1. McMurray v. . McMurrayNew York Court of Appeals · 1876
  2. McGaffin v. . City of CohoesNew York Court of Appeals · 1878
  3. Arnold, Duncan & others v. SandfordNew York Supreme Court · 1817

3Cited by87 opinions

  1. Matter of HendersonNew York Court of Appeals · 1898
  2. In Re the Accountings of HawleyNew York Court of Appeals · 1885
  3. In re Proving the Last Will & Testament of HermannAppellate Division of the Supreme Court of the State of New York · 1917
  4. In Re the Accounting of ClareNew York Court of Appeals · 1929
  5. In re the Estate of EvansNew York Surrogate's Court · 1937

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