Harvey v. Skillman's
New York Supreme Court
Motion in behalf of the plaintiff for general costs against an executor. The suit was in assumpsit on an unliquidated demand, and was referred by order of the circuit judge. The referees reported in favor of the plaintiff for $1209. The defendant had taken out letters testamentary, but omitted to file an inventory, or give notice to creditors to present their claims, 8fc., according to the statute, 2 JR. S. 29, § 34, 2nd ed. There were ample assets which had been collected.
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Motion in behalf of the plaintiff for general costs against an executor. The suit was in assumpsit on an unliquidated demand, and was referred by order of the circuit judge. The referees reported in favor of the plaintiff for $1209. The defendant had taken out letters testamentary, but omitted to file an inventory, or give notice to creditors to present their claims, 8fc., according to the statute, 2 JR. S. 29, § 34, 2nd ed. There were ample assets which had been collected. The plaintiff had by her agent demanded her debt of the defendant, who refused to pay or take any steps towards its…
1Opinion of the Court
By the Court,
Cowen, J.
By the 2 R. S. 29, § 34, 2d ed. an executor or administrator may give notice within six months after taking letters, for all creditors to present and establish their claims in a summary way against the estate. By § 35, the executor or administrator may demand the oath of the creditor; and still doubting, may § 86, 37, offer to refer and have a hearing of the claim before referees. If the claim be not referred, the claimant must sue within six months, &c., § 38, and if the claim were presented within six months after the notice authorized by § 34, the liability of the…
2Cases cited7 opinions
- Winne v. Van SchaickNew York Supreme Court · 1832
- Mulheran's Executors v. GillespieNew York Supreme Court · 1834
- Potter v. EtzNew York Supreme Court · 1830
- Robert v. DitmasNew York Supreme Court · 1832
- Nicholson v. ShowermanNew York Supreme Court · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
- Fort v. GoodingNew York Supreme Court · 1850
- Comstock v. OlmsteadNew York Supreme Court · 1851
- Buckhout v. HuntNew York Supreme Court · 1858
- Mersereau v. RyerssNew York Supreme Court · 1856
3 more not listed; retrieve them via the Exa API.