Majority
p. 242New York County.—Surrogate. Hon. D. G. ROLLINS, May, 1883. Joel v. Ritterman. In the matter of the judicial settlement of the account of Israel Ritterman, and another, executors of the will of Amelia Wilson, deceased.
Headnote
An execution issued under Code Civ. Pro., § 2554, upon the decree of a Surrogate’s court, issues as of course, without leave of the Surrogate. Section 1835 of that Code is inapplicable to such a case.Application by Louise Joel for leave to issue execution upon a Surrogate’s decree in her favor directing respondent to pay her legacy; a transcript of which decree had been filed in the oflB.ce of the county clerk.
Geo. P. Avery, for petitioner.
Wm. King Hall, for respondent.
The recent decision of the Court of Appeals, in the Matter of Dissosway ( 91 N. Y., 235 ), .seems to establish that the proper procedure applicable to the issue of execution herein is that which is prescribed by the Code.
In filing a transcript of the decree, therefore, and in 'docketing the same, this applicant has pursued the cor
p. 243
rect practice. But lie does not need to obtain leave oí the Surrogate before asserting his right to issue execution. Section 1825 of the Code is inapplicable to such a case as the present, where, by § 2554, execution must issue as of course.