Terry v. Dayton
New York Supreme Court
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
- Clark v. ClarkNew York Court of Chancery · 1840
- Williams v. PurdyNew York Court of Chancery · 1836
3Cited by7 opinions
- In re ChildsNew York Surrogate's Court · 1893
- In re Saunders' EstateNew York Surrogate's Court · 1893
- Estate of Elliott v. WilsonMissouri Court of Appeals · 1887
- In re the Judicial Settlement of the Accounts of ClapsaddleNew York Surrogate's Court · 1893
- Bruce v. GriscomNew York Supreme Court · 1876
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