In re the Estate of Bartlett
New York Surrogate's Court
1Opinion of the Court
Wingate, S.
The present application is euphemistically denominated a motion to “ resettle an “ order ” of this court dated July 30, 1937. In reality its object is vastly more serious since its real purpose is to vacate the decree then entered in amended form and to alter a determination made therein, which is an act far transcending that which the language of the practitioner designates as a “ resettlement.”
As properly employed, this term implies merely the reopening of an order or decree for the purpose of including therein some recital or provision which was initially omitted therefrom…
2Cases cited8 opinions
- Ruland v. TuthillAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of SalomonNew York Surrogate's Court · 1936
- In re the Estate of WingNew York Surrogate's Court · 1937
- Deutermann v. PollockAppellate Division of the Supreme Court of the State of New York · 1899
- Skeele Coal Co. v. BakerAppellate Division of the Supreme Court of the State of New York · 1915
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3Cited by4 opinions
- In re the Estate of ChisholmNew York Surrogate's Court · 1941
- In re the Accounting of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1953
- In re the Accounting of Chase National BankNew York Surrogate's Court · 1952
- In re the Estate of PutnamNew York Surrogate's Court · 1940