158 N.Y. 128 | NY | 1899
After the entry of a decree in the matter of the final judicial settlement of the accounts of an executor, a petition was filed alleging that the executor had not accounted for all the moneys received by him, and praying the Surrogate's Court to open the decree and to compel a further accounting. Objection thereto was made by the executor, and, thereafter, testimony was offered and received in support of the petition and answer, and the result was an order by the surrogate denying the application to open the decree and to require a further accounting. On a review by the Appellate Division there was a difference of opinion in the court whether the application should have been granted, but the outcome was an affirmance of the order appealed from. It was a special proceeding (Code, § 3334; Matter of Smith,
The appeal should be dismissed, with costs.
All concur.
Appeal dismissed, with costs, and fifty dollars costs to the special guardian. *130