Woodhouse v. Woodhouse
New York Surrogate's Court
Application by Claiborne O. Woodkouse, for the punishment of James F. Woodhouse, administrator, &c., of decedent, for contempt, for not obeying a decree of this court, dated April 22, 1879, directing him to pay to the petitioner or his counsel $120, paid by him for auditor’s lees on the accounting, and also $240.37 the amount of petitioner’s share of said estate.
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Application by Claiborne O. Woodkouse, for the punishment of James F. Woodhouse, administrator, &c., of decedent, for contempt, for not obeying a decree of this court, dated April 22, 1879, directing him to pay to the petitioner or his counsel $120, paid by him for auditor’s lees on the accounting, and also $240.37 the amount of petitioner’s share of said estate. The petition set forth the making of the decree, a motion by the administrator to vacate it, which was de^ nied, a demand by petitioner, and refusal. On the return day of the order to show cause, it was shown by the administrator…
1Opinion of the Court
The Surrogate.
The administrator submits the affidavit of himself and of the auctioneer, for the purpose of showing the good faith of the sale, raising an issue of *133fact which it is impossible for me to determine on affidavits, and the question must be sent to a referee if the administrator persists in his motion to modify the decree.
Very strenuous objection was interposed to the right of the administrator thus to move for such modification, but the contestant was instrumental in procuring an order requiring the sale, under the allegations that the property was inventoried at much less than its…
2Cases cited4 opinions
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- Seeley v. BlackNew York Supreme Court · 1868
- Pitt v. DavisonNew York Court of Appeals · 1867
- President, Directors & Co. of the Bank v. SpencerNew York Supreme Court · 1856
3Cited by1 opinion
- Lamaster v. KeelerSupreme Court of the United States · 1887