Boughton v. . Flint
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a decree of the surrogate of Erie county, upon the final accounting of Mary Flint, administratrix, and of John N. Boughton, executor of the will of David Flint, deceased.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a decree of the surrogate of Erie county, upon the final accounting of Mary Flint, administratrix, and of John N. Boughton, executor of the will of David Flint, deceased. (Reported below, 13 Hun, 206.) On the accounting before the surrogate, the said executrix presented a claim against the estate of the testator, in her own _ behalf, to the amount of $800 with interest from the 15th day of April, 1859, for moneys alleged to have been placed in the hands of the testator on deposit for the…
1Opinion of the CourtRapallo, J.
The General Term erred in holding that the surrogate had no jurisdiction to' try and determine the disputed claims of the executrix against the estate. We have held in two recent cases that the statute (2 R. S., 88, § 33), confers that power. (Kyle v. Kyle, 67 N. Y., 400, 408; Shakespeare v. Markham, 72 id., 400.) On this question of jurisdiction the appellant makes the further point that the claim of the executrix for $800 held on deposit i'oi her by the testator, was one cognizable only in equity, and that, con ceding that a surrogate has jurisdiction to decide upon disputed claims of an…
2Cases cited3 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Kyle v. . KyleNew York Court of Appeals · 1876
- Fort v. GoodingNew York Supreme Court · 1850
3Cited by88 opinions
- In re Estate of SandersonCalifornia Supreme Court · 1887
- Claim of Marcellus v. Estate of MarcellusNew York Court of Appeals · 1900
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
- Hyland v. . BaxterNew York Court of Appeals · 1885
- Adams v. . OlinNew York Court of Appeals · 1893
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