New York Court of Appeals

In the Matter of the Estate of Webster Wagner, deceased In the Matter of the Accounting of James D. Taylor, as…

January 14, 1890119 N.Y. 28

Summary

The Court of Appeals affirmed the lower court's reversal of the surrogate's orders, holding that a surrogate retains discretionary authority to deny petitions compelling an executor to file an inventory or account when the estate has been settled and released, and that the surrogate lacks power to adjudicate the validity of such releases.