In re the Estate of Mahoney

Smith, S.

— This matter was first before the court on an application made by William Jones, who had obtained judgment against Mary Mahoney as administratrix of said Patrick Ma-honey, deceased, to compel the administratrix to pay the said judgment, and it was decided in that proceeding that a party holding a judgment against an administratrix recovered upon a claim which did not exist at the time of the decedent’s death was not a creditor of the estate within the meaning of section 2722 of the Code, following the cases of Hall v. Dusenbury, 38 Hun, 125; Matter of Foley, 39 App. Div. 248.

The…