In re the Estate of Wade

New York Surrogate's Court

In re the Estate of Wade

3 Mills Surr. 111, 38 Misc. 154, 77 N.Y.S. 163

DecidedMay 15, 1902

StatusPublished

This text of 3 Mills Surr. 111 (In re the Estate of Wade) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Wade, 3 Mills Surr. 111, 38 Misc. 154, 77 N.Y.S. 163 (N.Y. Super. Ct. 1902).

Pincite

Opinion

Thomas,S.

The decedent and Edward A. Newell were ex-excutors of the will of Mary E. Wade, the first wife of the decedent. Katharine S. Wade, the second wife of the decedent, and Edward A. Newell are the executors of his will. It is claimed by Mr. Newell that assets of the estate.of Mary E. Wade were received by the decedent, and have never been accounted for, and that some of them reached the hands of Katharine S. Wade, who resides out of this State. In August, 1897, a proceeding was commenced under section 2606, Code of Civil Procedure, by Mr. Newell, as surviving executor of Mary E. Wade, against Katharine S. Wade,- as executrix of the estate of William Wade, to compel her to account for the acts of her testator, as executor of Mary E. Wade. In that proceeding an order was made, on January 3, 1898, requiring that “ said Katharine S. Wade, as executrix of the last will and testament of William Wade, deceased, render, file, and' judicially settle an account of the proceedings of said William [112]*112Wade (now deceased), as executor of the estate of Mary E. Wade, deceased.” This order has never been obeyed; it seems to have been entirely ignored by Mrs. Wade, and her non-residence made it impossible to enforce obedience by proceedings to punish her for contempt. She is no-w before tire court ns an applicant for relief against a stipulation made by her, under which some moneys have been paid to her from the estate of William Wade, and which contemplated further payments. The application is addressed to the discretion of the -court. Until she obeys the order above recited she is not in a position to ask for favors. The application is denied, with leave to renew after the account required by the order of January 3, 1898, has been filed, and after proceedings thereunder have terminated.

Decreed accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Thomas,S.

The decedent and Edward A. Newell were ex-excutors of the will of Mary E. Wade, the first wife of the decedent. Katharine S. Wade, the second wife of the decedent, and Edward A. Newell are the executors of his will. It is claimed by Mr. Newell that assets of the estate.of Mary E. Wade were received by the decedent, and have never been accounted for, and that some of them reached the hands of Katharine S. Wade, who resides out of this State. In August, 1897, a proceeding was commenced under section 2606, Code of Civil Procedure, by Mr. Newell, as surviving executor of Mary E. Wade, against Katharine S. Wade,- as executrix of the estate of William Wade, to compel her to account for the acts of her testator, as executor of Mary E. Wade. In that proceeding an order was made, on January 3, 1898, requiring that “ said Katharine S. Wade, as executrix of the last will and testament of William Wade, deceased, render, file, and' judicially settle an account of the proceedings of said William [112]*112Wade (now deceased), as executor of the estate of Mary E. Wade, deceased.” This order has never been obeyed; it seems to have been entirely ignored by Mrs. Wade, and her non-residence made it impossible to enforce obedience by proceedings to punish her for contempt. She is no-w before tire court ns an applicant for relief against a stipulation made by her, under which some moneys have been paid to her from the estate of William Wade, and which contemplated further payments. The application is addressed to the discretion of the -court. Until she obeys the order above recited she is not in a position to ask for favors. The application is denied, with leave to renew after the account required by the order of January 3, 1898, has been filed, and after proceedings thereunder have terminated.

Decreed accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

3 Mills Surr. 111, 38 Misc. 154, 77 N.Y.S. 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-wade-nysurct-1902.