Legal Opinion
In re the Accounting of President of the Manhattan Co.
New York Surrogate's Court
Decided July 29, 1943Published
1Opinion of the Court
Savarese, S.
On June 23, 1942, a consent decree was made settling the final account of the executors and directing distribution. Thereafter distribution was made pursuant thereto and appropriate receipts and releases given to the executors by the interested parties. Carrie W. Humphrey, a legatee of one twelfth of the residuary estate, now moves to vacate the decree and to reopen the proceeding on the ground that a “ clerical error and mistake of fact was made in said decree ”. While the alleged “ clerical error” and “ mistake of fact ” are not revealed in the moving papers, it is apparent from…
2Cases cited18 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Riggs v. Del DragoSupreme Court of the United States · 1942
- Herpe v. . HerpeNew York Court of Appeals · 1919
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- In Re the Accounting of Del DragoNew York Court of Appeals · 1941
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