In re Olvany & Corroon

Appellate Division of the Supreme Court of New York

In re Olvany & Corroon

239 A.D. 801

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1933

StatusPublished

This text of 239 A.D. 801 (In re Olvany & Corroon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Olvany & Corroon, 239 A.D. 801 (N.Y. Ct. App. 1933).

Pincite

Opinion

Order of the Surrogate’s Court of Nassau county reversed on the law and the facts, without costs, and appellant’s default opened to permit her to file objections and to offer proof in support of her claim. In our opinion, the denial of the motion to open her default was an abuse of discretion. The appellant was lulled into inaction, both before and after the decree on the intermediate accounting was entered, by conferences and an anticipation of a settlement of her claim, and her default, we think, is excusable. The executors are to be protected to the extent that they have distributed assets of the estate pursuant to the will and the decree of the surrogate. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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Order of the Surrogate’s Court of Nassau county reversed on the law and the facts, without costs, and appellant’s default opened to permit her to file objections and to offer proof in support of her claim. In our opinion, the denial of the motion to open her default was an abuse of discretion. The appellant was lulled into inaction, both before and after the decree on the intermediate accounting was entered, by conferences and an anticipation of a settlement of her claim, and her default, we think, is excusable. The executors are to be protected to the extent that they have distributed assets of the estate pursuant to the will and the decree of the surrogate. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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Bluebook (online)

239 A.D. 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-olvany-corroon-nyappdiv-1933.