Ford & Ford v. Walsworth

15 Wend. 449 | N.Y. Sup. Ct. | 1836

The Court, after advisement, held that the omission to present to the surrogate an account of the personal estate and of the debts of the intestate, was a fatal defect in the proceedings ; arid it was not shown on the trial that such account was presented to the surrogate when applied to for aid in the premises, it did not appear that he had jurisdiction in the matter, and that therefore a new trial ought to be granted.