New York Court of Appeals

In the Matter of the Accountings of David Hawley, as Executor, and as Testamentary Guardian and Trustee

October 20, 1885100 N.Y. 206

Summary

The New York Court of Appeals reversed the General Term’s order vacating several surrogate decrees and affirmed the surrogate’s original judgments. It held that the appellate court lacked jurisdiction to set aside the surrogate’s decrees because the petition was untimely and failed to allege fraud, newly‑discovered evidence, clerical error, or other statutory cause. The Court also confirmed the surrogate’s jurisdiction to issue the original decrees.