Kirby v. Carpenter
New York Supreme Court
Appeal from a decree of the surrogate of the county of Monroe. The decree appealed from was made on the 17th day of December, 1846, in the matter of the distribution of the money arising from the sale of the real and personal estate of Jeffries Hallowell, late of the city of Rochester, deceased.
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Appeal from a decree of the surrogate of the county of Monroe. The decree appealed from was made on the 17th day of December, 1846, in the matter of the distribution of the money arising from the sale of the real and personal estate of Jeffries Hallowell, late of the city of Rochester, deceased. It stated that the moneys arising from the sale of the real estate of the deceased amounted to the sum of $605, which had been paid into court by Edmund P. Willis the administrator and Sarah L. Hallowell the administratrix; and that the sum of $2576,44, proceeds of the personal estate, had also been…
1Opinion of the Court
By the Court, Welles, J.
With respect to the question whether the appellants’ demand was established by sufficient evidence before the surrogate, it is to be remarked that the return assumes to state what the facts were in regard to the claim. It does not state what the evidence of those facts was. We are to presume that they were legally ascertained by the surrogate, upon sufficient evidence. If it were not so, the respondents could have obtained a further return from the surrogate, showing whether any and what evidence was given in support of the claim. (Halsey v. Van Amringe and wife, 6…
2Cases cited2 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Halsey v. Van AmringeNew York Court of Chancery · 1836
3Cited by7 opinions
- Ganson v. LathropNew York Supreme Court · 1857
- Harris v. MeyerNew York Surrogate's Court · 1879
- Robinson v. RobinsonNew York Supreme Court · 1869
- Barlow v. MyersNew York Supreme Court · 1875
- Ganson v. LathropNew York Supreme Court · 1857
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