26 N.Y.S. 469 | N.Y. Sup. Ct. | 1893
Subdivision 6 of section 2481 of the Code of Civil Procedure, which relates to the power of the surrogate to open, vacate, modify, or set aside a decree of his court, provides that “upon an appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the general term of the supreme court has the same power as the surrogate; and his determination must be reviewed, as if an original application was made to that term.” In the course of the opinion delivered in Re Tilden, 67 How. Pr. 449, it was said: “Under this authority, the entire controversy presented by the petition and the answer to it is to be considered upon the appeal in the same-manner in which the surrogate himself had the authority to consider it.” Although that case was reversed, (98 N. Y. 442,) the-doctrine found in the quotation just made was not disturbed.