In re the Judicial Settlement of the Accounts of Clifford

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Accounts of Clifford

248 A.D. 675

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1936·Published

Opinion

Decree reversed on the law and facts in the exercise of discretion, without costs, and matter remitted to the Surrogate’s Court for a new trial on the ground that the decision of the former surrogate is so obscure and indefinite that no proper decree can be entered thereon. All concur. (The decree adjudges the amount unpaid on a legacy and directs the payment thereof upon the executors’ accounting.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

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Decree reversed on the law and facts in the exercise of discretion, without costs, and matter remitted to the Surrogate’s Court for a new trial on the ground that the decision of the former surrogate is so obscure and indefinite that no proper decree can be entered thereon. All concur. (The decree adjudges the amount unpaid on a legacy and directs the payment thereof upon the executors’ accounting.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

In re the Judicial Settlement of the Accounts of Clifford, 248 A.D. 675 (N.Y. Ct. App. 1936).

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