Reports of Cases Argued and Determined in the Surrogates' Courts of the State of New York Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...of real propertj7 under the will, he may be held to account therefor as such trustee. See Redf. Sur. Pr. (4th ed.), 275. The Surrogate's court, however, is not a court of general equity jurisdiction. The general powers of a court of equity do not pertain to a Surrogate's court. Stilwell v. Carpenter, 59 N. T. 425. It is expressly provided that the jurisdiction of this court " must be exercised in the cases and in the manner prescribed by statute." Code Civil Proc, 2472. The jurisdiction of the Surrogate to make the order prayed for, if it exists at all, is under his authority " to control the conduct and settle the accounts of executors and administrators." Section 2472, which is a substantial re-enactment of 2 Rev. St., p. 220, 1. Subdivision 3 MATTER OF BLOW. of said section gives the Surrogate power " to direct and control the conduct and settle the accounts of executors and administrators." This is the precise language of subdivision 3 of said section of the Code upon that subject. It has been repeatedly held that this provision of the Revised Statutes gives the Surrogate no power to "direct and control the conduct of executors and administrators " as to property to which they did not have title, or of which they had no right to take possession, as such. Executors and administrators are only entitled to the goods, chattels, and credits of their decedent. 2 Rev. St., p. 82, 2. Real estate or money impressed with real uses is not included in this class. They take that property only which is assets for the payment of debts, and which, after payment of debts and legacies, is to be distributed among next of kin. 2 Rev. St., p. 82, 6-8. Property that descends to heirs...