In re Estate of Smith
Appellate Division of the Supreme Court of the State of New York
Appeals by E. Lucintha Penfield and another, as executors, etc., of Thomas D. Penfield, deceased, and by the petitioner, Elias E.. Spencer, as administrator with the will annexed of Abigail Smith,, deceased, from so much of a decree of the Surrogate’s Court of the-county of Oneida, entered in said Surrogate’s Court on the 7th day of April, 1900, as directs the payment of the sum of $1,097.74 recovery in costs against the said estate in favor of the petitioner.
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Appeals by E. Lucintha Penfield and another, as executors, etc., of Thomas D. Penfield, deceased, and by the petitioner, Elias E.. Spencer, as administrator with the will annexed of Abigail Smith,, deceased, from so much of a decree of the Surrogate’s Court of the-county of Oneida, entered in said Surrogate’s Court on the 7th day of April, 1900, as directs the payment of the sum of $1,097.74 recovery in costs against the said estate in favor of the petitioner. On the 26th day of October, 1864, one Reuben Smith, a resident of the town of Camden, Oneida county, FT. Y., departed this life…
1Opinion of the Court
Adams, P.. J.:
The seven shares of stock or the avails thereof remained in the hands of Thomas D. Penfield from December 31, 1878, at which time the decree of the Surrogate’s Court was entered confirming the report of the auditor upbn the executor’s accounting, until the commencement of .this proceeding; and during that entire period of time no .reason existed why a proceeding to determine the ownership. of such stock could not have been instituted; but for.some-' undisclosed reason the petitioner did not see fit to move in the matter until nearly twenty years had elapsed; and it is not…
2Cases cited3 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
- In re Estate of LongbothamAppellate Division of the Supreme Court of the State of New York · 1899