Halsey v. Van Amringe

Citations

• 6 Paige Ch. 12
• 1836 N.Y. LEXIS 291
• 1836 N.Y. Misc. LEXIS 106

Syllabus

<p>The papers which are to be furnished for the chancellor upon the hearing of an appeal from the sentence or decree of a surrogate are a copy of the surrogate’s return, including the transcript of the appeal as entered in the court below, and copies of the petition of appeal and answer to the same filed in the appellate court, together with the points of the respective parties upon the appeal.</p> <p>If the surrogate’s return does not contain all the proceedings before him which either of the parties deem requisite for a correct understanding of the questions arising upon the appeal, the proper course for such party is to apply to the chancellor, before the hearing of the cause, for an order for a further return.</p> <p>The surrogate upon the settlement of the accounts of executors or administrators before him is bound to allow them their legal commissions for receiving and paying out monies of the estate; and the amount of the estate of the decedent in their hands, which they are to account for and pay over to the creditors or distributees, is the balance which remains after deduct» ing such commissions.</p> <p>The surrogate is not authorized to decree the payment of costs out of the estate of the decedent in the hands of his personal representatives, to the exclusion of their commissions for receiving and paying out monies, if the amount in their hands is not sufficient to pay both. But if it is a proper case to charge them wilh the costs of the adverse party upon the pro» ceedings before the surrogate, there should be a decree against them directly and personally for the payment of such costs.</p> <p>Upon the settlement of the accounts of executors or administrators before a surrogate, he is not authorized to make an arbitrary allowance for services and counsel fees to be paid by one party to the other, or to be paid out of the estate, without reference to the taxable costs allowed for similar services in other courts. But in the taxation of the costs of the pro