In Re the Estate of Harriot
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 12, 1894, which affirmed an order of the Surrogate’s Court of the county of New York denying a motion to' vacate and set aside an ex parte order of said surrogate fixing the compensation of two appraisers of the estate of Samuel C. Harriot, deceased. The facts, so far as material, are stated in the opinion. The order of the General Term is appealable to this court.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 12, 1894, which affirmed an order of the Surrogate’s Court of the county of New York denying a motion to' vacate and set aside an ex parte order of said surrogate fixing the compensation of two appraisers of the estate of Samuel C. Harriot, deceased. The facts, so far as material, are stated in the opinion. The order of the General Term is appealable to this court. (Code Civ. Pro. §§ 190, 2570, 3333, 3334; Seaman v. Whitehead, 78 N. Y. 306.) The surrogate had no jurisdiction to make the…
1Opinion of the CourtHaight, J.
It appears that the New York Life Insurance and Trust Company had been appointed the executor under the last will and testament of Samuel C. Harriot, deceased, and as such had commenced an action in the Supreme Court to have its accounts as such executor adjusted and settled ; that objections had been- taken by the appellants to certain items of the account presented by the executor, among which was an objection to the items paid to the appraisers for their services; that thereupon a reference was ordered to hear and determine the matters in controversy, and pending the hearing before the…
2Cases cited1 opinion
- Hudson v. . R., W. O.R.R. Co.New York Court of Appeals · 1895
3Cited by18 opinions
- People v. . GalboNew York Court of Appeals · 1916
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Louisville & Nashville Railroad v. ChambersCourt of Appeals of Kentucky · 1915
- Fealey v. . BullNew York Court of Appeals · 1900
- Cochran's Administrators v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky (pre-1976) · 1929
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