Seymour v. Seymour
New York Court of Chancery
THE bill stated, that the plaintiffs were administrators of the goods and chattels of Stephen Seymour, deceased, and that the defendants, claiming distributive shares of the estate, had applied to the surrogate of Ulster cdunty, from whom they received letters of administration, and sued out a citation to the plaintiffs to appear before him, on a given day, and account for the personal estate in their hands to be administered; that they had appeared and offered to account…
Read the full summary
THE bill stated, that the plaintiffs were administrators of the goods and chattels of Stephen Seymour, deceased, and that the defendants, claiming distributive shares of the estate, had applied to the surrogate of Ulster cdunty, from whom they received letters of administration, and sued out a citation to the plaintiffs to appear before him, on a given day, and account for the personal estate in their hands to be administered; that they had appeared and offered to account according to the inventory, but that the defendants had insisted, thas. they should account, not only for the personal…
1Opinion of the Court
The Chancellor.
The object of this bill, is not simply discovery, but relief. It seeks to transfer to this Court the jurisdiction of the whole matter of account between the administrators and the next of kin ; and that too after the cognisance of the case has duly attached before the surrogate. It is not to be disputed, that the surrogate is clothed with powers competent to settle the accounts of the estate. *411and to decree and enforce distribution; and there is no reason assigned why his jurisdiction should be superseded, and the entire cognisance of the case transferred to this Court. The act…
2Cases cited1 opinion
- Gelston v. HoytNew York Court of Chancery · 1815
3Cited by16 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Brick's EstateNew York Surrogate's Court · 1862
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- Armstrong v. GilchristNew York Supreme Court · 1800
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
11 more not listed; retrieve them via the Exa API.