In re Falls' Estate
New York Supreme Court
Appeal from surrogate’s court, Otsego county. Proceeding for the settlement of the accounts of Daniel Falls, as administrator of Richard Falls, deceased.
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Appeal from surrogate’s court, Otsego county. Proceeding for the settlement of the accounts of Daniel Falls, as administrator of Richard Falls, deceased. Scott G. Falls, one of the heirs at law and a legatee named in the will of his father, Richard Falls, appeals from a decree and judgment of the surrogate’s court entered on the 13th of September, 1888; and in his notice of appeal he states that he intends to bring up for review that portion of said decree or judgment which purports to construe the will of Richard Falls, deceased, and he specifies that portion of the decree which adjudges “…
1Opinion of the CourtHardin, P. J.
Section 2545 of the Code of Civil Procedure provides that “an exception may be taken to a ruling by a surrogate, upon the trial by him of an issue of fact, including a finding, or a refusal to find, upon a question of fact, in a case where such an exception may be taken to a ruling of the court upon a trial, without a jury, of an issue of fact, as prescribed in article third of title first of chapter tenth of this act. * * * Upon such a trial the surrogate must file in his office his decision in writing, which must state separately the facts found and the conclusions of law. Either party may,…
2Cases cited4 opinions
- Ward v. . CraigNew York Court of Appeals · 1882
- In Re the Estate of HoodNew York Court of Appeals · 1887
- Hepburn v. . MontgomeryNew York Court of Appeals · 1884
- Dwight v. Elmira, Cortland & Northern RailroadNew York Supreme Court · 1890
3Cited by6 opinions
- In re the Judicial Settlement of the Account of YetterAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Estate of WinslowNew York Surrogate's Court · 1895
- In re Roberts' EstateNew York Supreme Court · 1893
- In re PeckNew York Supreme Court · 1891
- In re Sunderlin's EstateNew York Supreme Court · 1893
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