Marsh v. . Avery
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming an order of the surrogate of the county of New York, denying a motion made on behalf of the appellant above named, who was one of the executors of the will of James Marsh, deceased, and a legatee, to open the decree of said surrogate, made on the final accounting of said executors, and to set aside and vacate that portion thereof which directed said executors to pay to…
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming an order of the surrogate of the county of New York, denying a motion made on behalf of the appellant above named, who was one of the executors of the will of James Marsh, deceased, and a legatee, to open the decree of said surrogate, made on the final accounting of said executors, and to set aside and vacate that portion thereof which directed said executors to pay to George P. Avery, counsel for said'appellant, upon such accounting, the sum of $1,000 out of the share of the estate going…
1Opinion of the CourtDanforth, J.
Ho objection was made, either before the surrogate or upon appeal, that the allowance made to Mr. Avery was excessive, or that the sum of all the allowances was greater than the surrogate had power to give. Heither of these questions, therefore, is before us. "What the appellant does object to is that portion of the order which "requires the payment of part of the sum allowed out of the share of the estate going to him as legatee. As the costs or allowances of one or all the parties, to an extent within the jurisdiction of the surrogate, may, in such a proceeding as the present, be charged…
2Cases cited3 opinions
- Phyfe v. . EimerNew York Court of Appeals · 1871
- Noyes v. . Children's Aid SocietyNew York Court of Appeals · 1877
- Bronson v. WardNew York Court of Chancery · 1831
3Cited by2 opinions
- Van Slyck v. BushThe Superior Court of New York City · 1889
- Van Slyck v. BushThe Superior Court of the City of New York and Buffalo · 1889