In re the Estate of Gall
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Charles F, Gall, from an order of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 9th day of January, 1899, denying the petitioner’s motion' to modify a decree directing final distribution of- the estate of the decedent.
1Opinion of the Court
Hatch, J.:
The petitioner does not, in the present case, attack the decree upon the accounting. The decree he seeks to attack is the subsequent decree directing distribution. As to this decree, or for that matter as to either, the petitioner Gall was not bound, having never been made a party thereto. As the petitioner had at the time of the entry of the decree of distribution no established claim upon which he could take action, having then no judgment, we held that the Statute of Limitations had not run. (Matter of Gall, 40 App. Div. 114.) This view is in harmony with the cases relied upon by…
2Cases cited4 opinions
- Deobold v. . OppermannNew York Court of Appeals · 1888
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Judicial Settlement of the Estate of TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- Park Hill Co. v. HerriotAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- In re the Estate of GallAppellate Division of the Supreme Court of the State of New York · 1900
- In re Gall's EstateAppellate Division of the Supreme Court of the State of New York · 1900
- In re Gall's EstateAppellate Division of the Supreme Court of the State of New York · 1900