In Re the Judicial Settlement of the Accounts of Worthington
New York Court of Appeals
Appeal by John A. Bryan from order of the General Term of the Supreme Court in the second judicial department, made February 13, 189'3, which affirmed an order of the surrogate of Westchester county, denying a motion to open and amend a decree, settling the accounts of the executors and trustees under the will of Henry B. Worthington, deceased. The facts, so far as material, are set forth in the opinion.
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Appeal by John A. Bryan from order of the General Term of the Supreme Court in the second judicial department, made February 13, 189'3, which affirmed an order of the surrogate of Westchester county, denying a motion to open and amend a decree, settling the accounts of the executors and trustees under the will of Henry B. Worthington, deceased. The facts, so far as material, are set forth in the opinion. The executor’s commissions were assignable and the surrogate erred in holding that the petitioner was not a “ person interested,” and so not entitled to be cited, nor to make himself a party.…
1Per curiam
This appeal has been taken from an • order of the General Term affirming an order of the surrogate refusing to open and modify a decree entered upon the final judicial settlement of the accounts of the surviving executors of the will of Henry It. Worthington, deceased.
The appellant claims no other interest in the estate of the decedent than that derived from an assignment by one of the executors of his commissions. This executor was subsequently declared a lunatic and removed for mental incapacity, and died before the remaining executors had rendered an account. The executrix of the removed…
2Cases cited1 opinion
- Bliss v. . LawrenceNew York Court of Appeals · 1874
3Cited by47 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- In Re the Accounting of BusheNew York Court of Appeals · 1919
- Hudson v. WylieCourt of Appeals for the Ninth Circuit · 1957
- In Re the Accounting of ZieglerNew York Court of Appeals · 1916
- In re the Estate of HaydenNew York Surrogate's Court · 1939
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