In Re the Accounting of Gill
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supi’eme Court in the second judicial department, entered March 31,1910, which affirmed a decree of the Kings County Surrogate’s Court judicially settling the accounts of the executrix herein. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supi’eme Court in the second judicial department, entered March 31,1910, which affirmed a decree of the Kings County Surrogate’s Court judicially settling the accounts of the executrix herein. The facts, so far as material, are stated in the opinion. The executrix on April 15, 1898, had duly completed the publication of the notice to creditors, pursuant to section 2718 of the Code of' Civil Procedure, and had paid out the entire assets of the estate prior to April, 1900, when the claim of the respondent was first brought to the attention…
1Opinion of the Court
Cullen, Ch. J.
We concur in the ruling of the courts below that the failure of the respondent to present his claim in answer to the advertisement published in pursuance of the provisions of the statute, did not relieve the executrix from liability to him, even though she had distributed the whole estate The protection afforded by the statute is only where the executor or administrator distributes in good faith. Here unquestionably she had knowledge of the respondent’s claim, for she stated its existence in her account filed in proceedings taken against her by other creditors, and the…
2Cases cited4 opinions
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
- Smith v. . CornellNew York Court of Appeals · 1888
- Seabury v. BowenNew York Surrogate's Court · 1855
- Bates v. UnderhillNew York Surrogate's Court · 1878
3Cited by26 opinions
- In Re the Estate of UeckNew York Court of Appeals · 1941
- MacGregor v. Johnson-Cowdin-Emmerich, Inc.Court of Appeals for the Second Circuit · 1930
- In re RecknagelAppellate Division of the Supreme Court of the State of New York · 1911
- In Re the Accounting of SegallNew York Court of Appeals · 1941
- In re the Estate of PhillipsNew York Surrogate's Court · 1938
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