Sipperly v. . Baucus
New York Court of Appeals
Appeal from an order of the Supreme Court, at a general term, reversing an order of the Surrogate of Saratoga county, by which the surrogate opened his decree, made on final accounting by the administrators of the estate of Martin M. Stover, so far as concerned the respondent, Sipperly, and directed him to render a further account.
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Appeal from an order of the Supreme Court, at a general term, reversing an order of the Surrogate of Saratoga county, by which the surrogate opened his decree, made on final accounting by the administrators of the estate of Martin M. Stover, so far as concerned the respondent, Sipperly, and directed him to render a further account. The facts were these: Martin M. Stover died intestate in June, 1849, and in July of the same year, Martin Sipperly, Jacob A. Snyder and Elizabeth M. Stover, were appointed administrators of his estate. In April, 1851, the administators petitioned for a final…
1Opinion of the CourtJames, J.
The questions presented by the case for consideration, are, 1st. The power of the surrogate to open the decree ; 2d. Whether or not the application was in time.
Before the adoption of the Revised Statutes, the powers and jurisdiction of surrogates’ courts were undefined, the laws respecting them and the subjects of their cognizance were defective, ambiguous and irreconcilable, and the practice and decisions uncertain and contradictory. The Revisers of our Statutes undertook to provide a remedy for those evils by accurately and strictly defining the purposes and ends of the court, and the…
2Cases cited4 opinions
- Rogers v. RogersNew York Court of Chancery · 1828
- Skidmore v. DaviesNew York Court of Chancery · 1843
- Vreedenburgh v. CalfNew York Court of Chancery · 1841
- Butler v. EmmettNew York Court of Chancery · 1839
3Cited by46 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Riggs v. . CraggNew York Court of Appeals · 1882
- Matter of HendersonNew York Court of Appeals · 1898
- Matter of Hogan v. N.Y. Supreme CourtNew York Court of Appeals · 1946
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
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