Olmsted v. Long
New York Surrogate's Court
Charles Olmsted died intestate in February, 1882. Letters of administration on his estate were duly issued to his widow, Eachel Olmsted, in March following. On March 28th, 1884, she rendered her account, as such, all persons interested in the estate having been cited to attend the same." From the account, it appeared that there were no assets of the estate left unadministered. A decree was entered accordingly.
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Charles Olmsted died intestate in February, 1882. Letters of administration on his estate were duly issued to his widow, Eachel Olmsted, in March following. On March 28th, 1884, she rendered her account, as such, all persons interested in the estate having been cited to attend the same." From the account, it appeared that there were no assets of the estate left unadministered. A decree was entered accordingly. Edward B. Long, claiming to be a creditor of decedent, then, on July 30th, 1884, made application to have the real property of decedent mortgaged, leased or sold for the payment of his…
1Opinion of the Court
The Surrogate.
This, is an application made under the provisions of subd. 6 of § 2481 of the Code, which declares that the Surrogate shall have power “ to open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court; or to grant a new hearing for fraud, newly discovered evidence, clerical error, or other sufficient cause.” Applications under this' subdivision are becoming very frequent, and it is, therefore, of much importance that an effort should be made to put a proper construction upon the sentence quoted. There would be no difficulty in this…
2Cases cited6 opinions
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Pew v. HastingsNew York Court of Chancery · 1846
- Campbell v. ThatcherNew York Supreme Court · 1866
- Vreedenburgh v. CalfNew York Court of Chancery · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Filley's EstateNew York Surrogate's Court · 1892
- In re Salisbury's EstateNew York Surrogate's Court · 1889
- In re Quin's EstateNew York Surrogate's Court · 1889
- In re EitingonAppellate Division of the Supreme Court of the State of New York · 1946