In re the Judicial Settlement of the Account of Proceedings of Duncan
Appellate Division of the Supreme Court of the State of New York
Appeal by George Peabody Wetmore, individually and as executor, and others from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on or about the 2d day of April, 1917, in so far as it overrules certain contentions made by the appellants.
1Opinion of the Court
Scott, J.:
We are of the opinion that under the circumstances of this case, the order appealed from was right. The accountants are the executors of an executor and as such seek the judicial approval of the accounts of their testator, and relief from the custody of the property left unadministered by him. Of such property they are merely the custodians possessing with respect thereto none of the executorial powers and functions which appertained to their testator as executor. (Decedent Estate Law [Consol. Laws, chap. 13; Laws of 1909, chap. 18], § 121, as added by Laws of 1909, chap. 240;…
2Cases cited1 opinion
- In Re the Accounting of HaydenNew York Court of Appeals · 1912
3Cited by6 opinions
- Crowe v. HogeboomAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of HurleyNew York Surrogate's Court · 1933
- In re the Estate of DenhamNew York Surrogate's Court · 1919
- In re the Estate of FoxNew York Surrogate's Court · 1918
- Rochester Trust & Safe Deposit Co. v. BrownNew York Supreme Court · 1921
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