In re the Judicial Settlement of the Account of Empire Trust Co.

Majority

p. 696

In the Matter of the Judicial Settlement of the Account of Empire Trust Company and Arthur J. Baldwin, as Executors, etc., of George K. Garvin, Deceased. Empire Trust Company and Arthur J. Baldwin, Individually and as Executors, etc., of George K. Garvin, Deceased, Appellants; Georgena K. Garvin, Infant, by Robert J. Mahon, Her Guardian, Respondent.

Order of the Surrogate’s Court of Nassau county dated August 26, 1931, and decree of the same date in so far as appealed from, reversed on the law, with costs to appellants, payable out of the estate, and motion for a further allowance denied, without costs. The surrogate was without power under the practice pursued herein to correct his judicial error in the decree of July 30, 1930. (Matter of Brennan, 251 N. Y. 39 , 42.) Lazansky, P. J., Young, Carswell, Tompkins and Davis, JJ., concur.

Cases cited

In re the Accounting of Clare 251 N. Y. 39 N.Y. 1929-05-28 at 42 p. 696