Meyberg v. Kauffman

Respondent moves to dismiss the appeal from an order settling certain accounts after hearing on appellant’s objections. The primary basis of the motion is the claim that the court had, some two months prior to the entry of the judgment appealed from, made a final order from which the contestant had taken an appeal, thereby conferring jurisdiction upon the Supreme Court.

Respondent is the administrator with will annexed of the respective estates of his parents, Clemence and Leon Kauffman. In due course of administration he filed his first and second accounts in the estate of Clemence and his second and third accounts in the estate of Leon. Appellant, his sister, co-executrix, and co-heir, filed twelve objections to the account in Clemence’s estate and sixteen objections to the account in Leon’s estate. Following a hearing on the issues created by the accounts and the objections thereto the court signed and the clerk filed a document in words and figures as follows:

The accounts under consideration are surcharged as follows:

This instrument will hereinafter be referred to as the ‘‘memo.”

Conceiving the quoted instrument to be the court’s judgment on the contested accounts, the…