In re the Final Judicial Settlement of the Accounts of Sully

Majority

p. 846

In the Matter of the Final Judicial Settlement of the Accounts of Darrell D. Sully, as Trustee for Reynolds P. MacAlpine, under the Last Will and Testament and Codicil Thereto of Susan P. MacAlpine, Late of Rochester, Monroe County, New York.

Whatever may be the merits of the decree of April 12, 1909, it was binding upon the appellant if the Surrogate’s Court then had jurisdiction of the subject-matter and of the person of the appellant, or of someone representing

p. 847

her. The Surrogate’s Court had jurisdiction of the subject-matter. (Matter of Young v. Hicks, 92 N. Y. 235 ; Matter of Richmond, 63 App. Div. 488 .) Reynolds P. MacAlpine, as the donee of a general and beneficial power (Cutting v. Cutting, 86 N. Y. 522 ), represented bis subsequent appointee, the appellant, in that proceeding. The decree of the Surrogate’s Court should be affirmed, with costs. All concur. Present — Sears, P. J., Crouch, Taylor, Edgcomb and Thompson, JJ. Decree so far as appealed from affirmed, with costs.

Cases cited

Young v. Hicks 92 N. Y. 235 N.Y. 1883-04-17 p. 847
In re Richmond 63 App. Div. 488 N.Y. App. Div. 1901-07-23 p. 847
Cutting v. Cutting 86 N. Y. 522 N.Y. 1881-10-28 p. 847