Smith v. Lawrence
New York Court of Chancery
This was an appeal from an order of the surrogate of the county of Suffolk. Elias Smith died and made the respondent, L. W. Lawrence, the executor of his will, and bequeathed his personal estate to J. W. Smith. Subsequently, J. W, Smith also died, having by his will appointed the respondent, L. W. Lawrence, and the appellants, J. L. Smith, C. Smith and L. Livingston, jointly, his executors; all of whom look out letters testamentary thereon.
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This was an appeal from an order of the surrogate of the county of Suffolk. Elias Smith died and made the respondent, L. W. Lawrence, the executor of his will, and bequeathed his personal estate to J. W. Smith. Subsequently, J. W, Smith also died, having by his will appointed the respondent, L. W. Lawrence, and the appellants, J. L. Smith, C. Smith and L. Livingston, jointly, his executors; all of whom look out letters testamentary thereon. The respondent having neglected to render an account of the estate of the first testator, his co-executors of the will of J. W. Smith, applied to the…
1Opinion of the Court
The Chancellor.
The statute provides that an executor or administrator may be required to render an account of his proceedings, by an order of the surrogate, to be granted upon an application from some person having a demand against the personal estate of the decedent, either as creditor, legatee, or next .of kin, or by some person in behalf of a minor having such claim, or without such application. (2 R. S. 92, § 52.) This *208provision of the revised statutes is not new. For this court has decided that, previous to the revised statutes, the surrogate had power to call an executor, as well as an…
2Cited by16 opinions
- Riggs v. . CraggNew York Court of Appeals · 1882
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Brown v. ForeTexas Commission of Appeals · 1929
- Kidd v. BatesSupreme Court of Alabama · 1897
- Hasler v. HaslerNew York Surrogate's Court · 1850
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