Brockway v. Jewett
New York Supreme Court
The respondent, by an order of the surrogate of Monroe county, made in December, 1851, was appointed administrator, &c. of one Hiel Brockway, deceased. In the proceeding for his appointment, the citation required by the statute was served upon the appellants, one of whom was a son of the deceased, and the other a grandson, whose parent, a child of the deceased, was dead, and upon several other persons, kindred of the deceased.
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The respondent, by an order of the surrogate of Monroe county, made in December, 1851, was appointed administrator, &c. of one Hiel Brockway, deceased. In the proceeding for his appointment, the citation required by the statute was served upon the appellants, one of whom was a son of the deceased, and the other a grandson, whose parent, a child of the deceased, was dead, and upon several other persons, kindred of the deceased. One of the appellants, the grandson, appeared before the surrogate and resisted the appointment; the other did not appear. In January, 1852, the appellants severally at…
1Opinion of the Court
By the Court, T. R. Strong, J.
Under the revised statutes, ■ before the abolition of the late court of chancery, appeals from1 orders of surrogates in cases like the present were to that court, (2 R. S. 609, § 104 ;) and costs upon such appeals were to be paid by the appellant or respondent as the court should direct. (Id. 618, § 35.) When costs were allowed they were governed by the fee bill applicable to that court, (Id. 622,) and might be taxed by the several vice chancellors. (Id. 169, § 5.) By the constitution and the judiciary act, this court was substituted for the court of chancery in…
2Cases cited3 opinions
- Jerome v. BoeramNew York Supreme Court · 1828
- Tracy v. StoneNew York Supreme Court · 1850
- People v. Corey & BriggsNew York Supreme Court · 1839
3Cited by6 opinions
- Lindslay v. DeafendorfNew York Supreme Court · 1872
- Grosvenor v. HuntNew York Supreme Court · 1854
- Willey v. ShaverNew York Supreme Court · 1873
- Atkins v. LefeverNew York Supreme Court · 1868
- Howell v. VelthCity of New York Municipal Court · 1887
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