In re the Judicial Settlement of the Account of Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Matilda E; Starbuck, as executrix, etc., of William H. Starbuck, deceased, and individually and as claimant for a claim of debt against the estate of William H. Starbuck, deceased, from so much of a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 2'Tth day of February, 1899, in a proceeding brought to settle the accounts of the executors of the last will and testament of William H. Starbuck, deceased, as…
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Appeal by Matilda E; Starbuck, as executrix, etc., of William H. Starbuck, deceased, and individually and as claimant for a claim of debt against the estate of William H. Starbuck, deceased, from so much of a decree of the Surrogate’s Court of the county of Westchester, entered in said Surrogate’s Court on the 2'Tth day of February, 1899, in a proceeding brought to settle the accounts of the executors of the last will and testament of William H. Starbuck, deceased, as adjudges and decrees that her claim for $105,950 and interest be disallowed and dismissed upon the merits, and directs said…
1Opinion of the Court
Hatch, J.:
This appeal coming on to be heard, the appellant moved, under section 2586 of the Code of Civil Procedure, for a reference to take further proof upon the subject-matter involved in the appeal, and this motion having been granted, the appeal is now heard not only upon the record upon which the learned surrogate acted, but also upon the report of the referee appointed to take the testimony. This court is invested with authority, even though no additional proof had been taken, to make an independent determination upon the facts and the law. (Matter of Rogers, 10 App. Div. 593.) Having…
2Cases cited5 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Govin v. . De MirandaNew York Court of Appeals · 1893
- Adams v. . OlinNew York Court of Appeals · 1893
- In re RogersAppellate Division of the Supreme Court of the State of New York · 1896
- Dorman v. GannonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Simmons v. FridaySupreme Court of Missouri · 1949
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1901