Wever v. Marvin
New York Supreme Court
This was an appeal from an order or sentence of the surrogate of the county of Albany. On the 17th of March, 1852, Nicholas Wever presented a petition to the surrogate, praying that an order might be granted that Francis I. Marvin and Uriah Marvin render an account of their proceedings as executors of the last will and testament of Uriah Marvin, deceased.
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This was an appeal from an order or sentence of the surrogate of the county of Albany. On the 17th of March, 1852, Nicholas Wever presented a petition to the surrogate, praying that an order might be granted that Francis I. Marvin and Uriah Marvin render an account of their proceedings as executors of the last will and testament of Uriah Marvin, deceased. The petition stated that Wever “is a creditor of Uriah Marvin, late of the city of Albany, deceased, and as such has claims against the estate of said deceased.” It did not state the nature of the demand, or whether it was against the…
1Opinion of the Court
Wright, J,
I doubted, on the argument of this appeal, as to the power to hear it at special term. I cannot say that subsequent examination or reflection have satisfied me that the power exists. The revised statutes provided that an appeal of this kind might be made to the court of chancery. (2 R. S. 610, § 104.) The court of chancery being abolished, its powers and jurisdiction were conferred on the supreme court. (Judiciary act of 1847, § 16.) The judiciary act provided that the justices of the present supreme court should possess the powers and exercise the jurisdiction possessed and…
2Cited by4 opinions
- In re the Estate of BlowNew York Surrogate's Court · 1890
- Creamer v. WallerNew York Surrogate's Court · 1884
- In re the Estate of BlowNew York Surrogate's Court · 1889
- Quackenbush v. QuackenbushNew York Supreme Court · 1886