Legal Opinion

Terry v. Dayton

New York Supreme Court

Decided May 14, 1860PublishedCited by 7 opinions

APPEAL from a sentence or decree of the surrogate of the county of Suffolk, made upon the final accounting of Eleazer Z. P. Dayton, administrator of, &c. of Eleazer Dayton, deceased.

1Opinion of the CourtBrown, J.

Clark Hulsej the husband of Mary E. Hulse, and one of the contestants in this proceeding, was not a competent witness, and was properly rejected by the surro*520gate.,:¡ Eeither the act of -the 14th'Dec. 1847, to ¡which the counsel for the appellants refers, nor the code of procedure, has any reference to proceedings before the surrogate. He was a party to the record, and that was enough to exclude him. (Willcox v. Smith, 26 Barb. 317.)

' The principal question presented by this appeal relates to the account for $1274.75 claimed by Eleazer Z. P. Dayton, the administrator, to have been due to him…

2Cases cited2 opinions

  1. Clark v. ClarkNew York Court of Chancery · 1840
  2. Williams v. PurdyNew York Court of Chancery · 1836

3Cited by7 opinions

  1. In re ChildsNew York Surrogate's Court · 1893
  2. In re Saunders' EstateNew York Surrogate's Court · 1893
  3. Estate of Elliott v. WilsonMissouri Court of Appeals · 1887
  4. In re the Judicial Settlement of the Accounts of ClapsaddleNew York Surrogate's Court · 1893
  5. Bruce v. GriscomNew York Supreme Court · 1876

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