In re the Estate of Deyo — 102 N.Y. 724

Majority

p. 724

In the Matter of the Estate of Jacob H. Deyo.

(Submitted June 1, 1886;

decided June 8, 1886.)

Headnote

This was an appeal from an order of General Term affirming an order of a surrogate made in 1884, denying a motion to vacate and set aside a surrogate’s decree made in 1814, upon final accounting of executors, on the ground of mistake. The court here held that the evidence justified a finding that there was no mistake, also that it was. in the discretion of the court below to deny the motion on the ground of loches.'

p. 725

A. T. Clearwater for appellant.

Lewis PLasbrouok for respondent.

reads mem. for affirmance.

All concur.

Judgment affirmed.