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Matter of Maurer

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 1, 1923
206 App. Div. 811 (N.Y. App. Div. 1923)

Opinion

September, 1923.


Order reversed, with costs to appellant, and matter remitted to Surrogate's Court, with instructions to open the default upon such terms as will protect the executor for expenses properly incurred and money properly paid out, on the ground that it was error to hold that the surrogate did not have authority to open the default except for "fraud, newly-discovered evidence, clerical error or other sufficient cause." ( Matter of Wolfe, 181 App. Div. 35.) All concur, except Sears and Crouch, JJ., who dissent and vote for affirmance, on the ground that while the power of the surrogate to open the default was the same as that of a justice of the Supreme Court to open a judgment, it was necessary to show merits, and that no merits appear in this application.


Summaries of

Matter of Maurer

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 1, 1923
206 App. Div. 811 (N.Y. App. Div. 1923)
Case details for

Matter of Maurer

Case Details

Full title:In the Matter of the Probate of the Last Will and Testament of MAUDE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 1, 1923

Citations

206 App. Div. 811 (N.Y. App. Div. 1923)