New York Court of Appeals

George C. Chipman, Appellants v. Charles C. Montgomery

November 23, 187563 N.Y. 221

Summary

The New York Court of Appeals affirmed the dismissal of a suit seeking construction of a will and an accounting of the estate, holding that heirs claiming in hostility lack standing, equity courts have only incidental jurisdiction over wills, and the proper forum for estate accounting is the Surrogate's Court.