Adair v. . Brimmer
New York Court of Appeals
These were cross-appeals from different portions of judgment of the General Term of the Supreme Court, in the fourth judicial, department, entered upon an order made at. the October Term, 1882, which affirmed in part and reversed in part a decree of the surrogate of the county of Livingston upon an accounting of the executors of the will of James S. Wadsworth, deceased.
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These were cross-appeals from different portions of judgment of the General Term of the Supreme Court, in the fourth judicial, department, entered upon an order made at. the October Term, 1882, which affirmed in part and reversed in part a decree of the surrogate of the county of Livingston upon an accounting of the executors of the will of James S. Wadsworth, deceased. The case is reported upon a former appeal in 74 N. Y. 539. The facts so far as material are stated in the opinion. The appeal should be heard and decided in the court on the evidence brought up according to the law and…
1Opinion of the CourtRapallo, J.
In order to ascertain what questions are open on this appeal, it is necessary to refer to the proceedings had prior to the former appeal to this court, and to state what was decided on that appeal. Many of the questions of fact and law involved in the case were then finally determined, and became res judicata, not open for further review.
In December, 1871, the then surviving executors presented their petition to the surrogate of Livingston county for a settlement of their accounts. They filed with the surrogate their accounts to December 31, 1871. These accounts were referred to the Hon.…
2Cited by1 opinion
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