Legal Opinion

In re Rogers

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1896PublishedCited by 18 opinions

Appeal by Priscilla Rogers, as administratrix, etc., of Francis Rogers, deceased, upon the law and the facts, from a decree of the Surrogate’s Court of the county of Kings, entered in the office of said Surrogate’s Court on the 27th day of January, 1896, directing her to pay a certain sum of money to Priscilla Wright, and settling her accounts as administratrix of said Francis Rogers, deceased.

1Opinion of the Court

Hatch, J.:

The power of this court in the review of the decision of the surrogate is not limited, as the respondent supposes, to a determination of whether there exists evidence upon which the decree of the surrogate may he supported. For by section 2586 of the Code of Civil Procedure the court is vested with the same power in the review of questions of fact as is possessed by the surrogate, and the whole case is to be examined as well upon the facts as upon the law, and the appellate court is to determine for itself whether the case upon the facts was correctly decided, when such question is…

2Cases cited8 opinions

Robinson v. . RaynorNew York Court of Appeals · 1863
In Re the Accounting of NilesNew York Court of Appeals · 1889
Doty v. . WillsonNew York Court of Appeals · 1872
Kingsland v. . MurrayNew York Court of Appeals · 1892
Mercantile Safe-Deposit Co. v. HuntingtonNew York Supreme Court · 1895

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

In re the Settlement of the Estate of WellingAppellate Division of the Supreme Court of the State of New York · 1900
De Puy v. StevensAppellate Division of the Supreme Court of the State of New York · 1899
In re the Judicial Settlement of the Account of HurstAppellate Division of the Supreme Court of the State of New York · 1906
Schneider v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1907
Bray v. O'RourkeAppellate Division of the Supreme Court of the State of New York · 1903

13 more not listed; retrieve them via the Exa API.