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In re Minturn

145 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1914-02-06 English

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p. 1134
In re MINTURN et al.
(Supreme Court, Appellate Division, Second Department.
February 6, 1914.)

Headnote

In the matter of the accounting of John C. Minturn and another, as executors, etc., of Richard E. Jarmain, deceased.

Order reversed, with $10 costs and disbursements, for the reason that, as all of the objections filed to the account do not present naked questions of law, the learned surrogate should have heard the allegations and proofs of the parties (section 2728, Code Civ. Proc.), instead of attempting to dispose of the objections upon the recital: “Now, after examining said account, and hearing the attorneys for the representatives in favor of the account, and the attorney for the residuary legatees in opposition thereto.” See, also, 145 N. Y. Supp. 1184 .