Estate of McGraw v. Cornell University
New York Supreme Court
Appeal from the decree of the surrogate of Tompkins county, entered upon the 25th day of May, 1866, “upon both the facts and upon questions of law.”
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Appeal from the decree of the surrogate of Tompkins county, entered upon the 25th day of May, 1866, “upon both the facts and upon questions of law.” The decree is based upon findings of facts and conclusions of law signed by the surrogate on the 25th of May, 1886. After making ninety-five findings, classified as upon questions of fact, the surrogate found as conclusions of law as follows, viz.: “ I decide and hold as conclusions of law, that Douglass, Boardman, as executor of the last will and testament of Jennie McGraw-Fiske, deceased, and as sole surviving executor of John McGraw, deceased,…
1Opinion of the CourtHardin, P. J.
Section 2,568 of the Code of Civil Procedure provides that ‘‘any party aggrieved may appeal from a decree or an order of a surrogate’s court in a case prescribed in this article; ” * * * and section 2570 provides that “ an appeal to the supreme court may be taken from a decree of a surrogate’s court, or from an order affecting a substantial right, made by a surrogate;” * * * and section 2576 provides that “the appeal may be taken upon questions of law, or upon the facts, or upon both. If it be taken from a decree rendered upon the trial, by the surrogate, of an issue of fact, it must be heard…
2Cases cited14 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Jones v. HabershamSupreme Court of the United States · 1883
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- White v. . HowardNew York Court of Appeals · 1871
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