80 A.D. 77 | N.Y. App. Div. | 1903
It is' well-settled law that a Surrogate’s Court is a court of limited jurisdiction, and in respect to accountings by testamentary trustees
The learned referee, however, concluded that by virtue of the provisions of sections 2812 and 2813 of the Code of Civil Procedure the surrogate was invested with such power. An examination of these sections shows that the grant of power therein contained is the same as is given in the cases of executors and administrators. These provisions are, that upon the judicial settlement of the account of a testamentary trustee, the issues thereupon “ must be determined in the same manner as other issues are determined.” This is not a grant of power to the surrogate to try all issues, or those issues which can only be tried by the exercise of general equitable powers. On the contrary, so far as the grant of
We are also of opinion that the proper construction of this will does not bring the case within the provision of the acts of 1896 (Chap. 547, § 83) and 1897 (Chap. 417, § 3). The learned referee has clearly and succinctly stated the reasons for such conclusion, and we adopt the same as expressive of our views as follows:
The wording of the act of 1893
It follows from these views that the decree of the surrogate should be reversed and the report of the referee should be affirmed, with costs to all parties payable out of the estate.
Van Brunt, P. J., Patterson and Ingraham, JJ., concurred; Laughlin, J., dissented.
Decree reversed and report of referee confirmed, with costs to all parties payable out of the estate.
Chap. 483, amdg. 1 R S. 730, § 63.— [Rep.