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" The powers, conferred by this subdivision, must be exercised only in a like case and in the same manner, as a court of record and of general jurisdiction exercises the same powers. Upon an appeal from a determination of the surrogate, made upon an application... "
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... - Página 17
1885
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Laws of the State of New York, Volume 4

New York (State) - 1920 - 930 páginas
...the surrogate, made upon an application pursuant to subdivision six of section twenty, the appellate court has the same power as the surrogate, and his...determination must be reviewed as if an original application were made to that court. The decree or order appealed from may be enforced, or restitution may be awarded,...
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The Northeastern Reporter, Volume 52

1899 - 1230 páginas
...appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the general term of the supreme court has the same...if an original application was made to that term." ^fost of the powers here mentioned were exercised by the surrogate before the enactment of the Code,...
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The Northeastern Reporter, Volume 128

1921 - 1040 páginas
...of the surrogate, made upon an application pursuant to subdivision 6 of section 2490 the appellate court has the same power as the surrogate, and his...determination must be reviewed as if an original application were made to that court." Section 2490 deals with the Incidental powers of the surrogate, and subdivision...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 183

New York (State). Supreme Court. Appellate Division - 1919 - 1098 páginas
...upon an application pursuant to subdivision 6 of section 2490 of the Code of Civil Procedure, this court has the same power as the surrogate, and his...determination must be reviewed as if an original application were made to this court. (Code Civ. Proc. § 2763.) When an appeal was before this court in 1915, from...
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The New York Supplement, Volume 65

1900 - 1256 páginas
...appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the general term of the supreme court has the same power as a surrogate; and his determination must be reviewed, as if an original application was made to that...
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