New York Supreme Court, 1890

In re Engs' Estate

New York Supreme Court · Decided July 18, 1890 · Dykman

11 N.Y.S. 42; 32 N.Y. St. Rep. 1063; 57 Hun 591; 1890 N.Y. Misc. LEXIS 591 (New York Supplement)

Counsel

Edward B. Merrill, for appellant. Arthur Hurst, for respondent.

Opinion of the Court

Dykman, J.

This is an appeal from an order of the surrogate of Kings county denying an application of Kate S. Engs, the widow of the deceased, to open the accounts of the deceased to enable her to dispute and litigate the settlement made by the executors of her husband with his former partners. Such settlement was made after full deliberation with the assent of the petitioner and the surrogate, and no fraud or collusion or misrepresentation is shown which induced such settlement. There is no merit in the appeal, and the order should be affirmed, with costs.

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