Legal Opinion

Campbell v. Thatcher

New York Supreme Court

Decided May 8, 1866PublishedCited by 14 opinions

THIS is an appeal from an order of the surrogate of Montgomery county, opening a decree entered on a final accounting by the defendants, as executors &c. of Archibald Campbell, deceased; and also from so much of the corrected decree as directs that the respondents be credited with the sum of $500 not allowed in the decree. The respondents were the executors of the will of said Archibald Campbell.

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THIS is an appeal from an order of the surrogate of Montgomery county, opening a decree entered on a final accounting by the defendants, as executors &c. of Archibald Campbell, deceased; and also from so much of the corrected decree as directs that the respondents be credited with the sum of $500 not allowed in the decree. The respondents were the executors of the will of said Archibald Campbell. On a citation from the appellant they appeared before the surrogate, on which occasion they presented their accounts, with vouchers, showing a balance in their hands of $1686.67. On the 10th of…

1Opinion of the Court

By the Court,

James, J.

It was held by the Court of Appeals,-in Sipperly v. Baucus, (24 N. Y. Rep. 46,) that the effect of the act of 1837, (chap. 460, § 71,) which in part repealed section 1 of part 3, chapter 2, title 1, of the Devised Statutes, was to restore to surrogates’ courts all the incidental powers possessed by them previous to the Devised Statutes.

What were the powers of surrogates’ courts has been very clearly pointed out by Judge Daly, of the Hew York common pleas, while acting as surrogate in 1862, in *385a very learned and elaborate opinion delivered in the matter of Joseph W. Rink.…

2Cases cited5 opinions

  1. Sipperly v. . BaucusNew York Court of Appeals · 1861
  2. Corwin v. MerrittNew York Supreme Court · 1848
  3. Pew v. HastingsNew York Court of Chancery · 1846
  4. Proctor v. WanmakerNew York Court of Chancery · 1845
  5. Butler v. EmmettNew York Court of Chancery · 1839

3Cited by14 opinions

  1. Estate of Bailey v. CullenWisconsin Supreme Court · 1931
  2. Estate of LeavensWisconsin Supreme Court · 1886
  3. In re the Accounting of RobertsonAppellate Division of the Supreme Court of the State of New York · 1900
  4. Olmsted v. LongNew York Surrogate's Court · 1885
  5. Estate of Walczak v. WalczakWisconsin Supreme Court · 1934

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