Legal Opinion

In re the Estate of Riegel

New York Surrogate's Court

Decided October 18, 1937PublishedCited by 3 opinions

1Opinion of the Court

Foley, S.

The motion to strike out the objections to the account filed by Herbert G. McLear is granted. He is not a person interested in the estate within the meaning of the statute. He is at most a person claiming to be a creditor of a creditor or beneficiary of the estate, and, as such, is not a competent party in an accounting proceeding. (Surr. Ct. Act, § 262; Matter of Kern, 159 Misc. 682; Matter of Croker, 144 id. 492; Bushe v. Wright, 118 App. Div. 320; affd., 195 N. Y. 509; Hart v. Goadby, 138 App. Div. 160; Buck v. Kelly, 108 Misc. 408; Matter of Meehan, 104 id. 219; Matter of…

2Cases cited8 opinions

  1. Hart v. GoadbyAppellate Division of the Supreme Court of the State of New York · 1910
  2. Bushe v. WrightAppellate Division of the Supreme Court of the State of New York · 1907
  3. In re the Estate of FoxAppellate Division of the Supreme Court of the State of New York · 1915
  4. In re Redfield's EstateNew York Supreme Court · 1893
  5. Bushe v. . WrightNew York Court of Appeals · 1909

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re the Estate of BachNew York Surrogate's Court · 1975
  2. In re the Estate of MaynardNew York Surrogate's Court · 1962
  3. In re the Accounting of ColeNew York Surrogate's Court · 1958

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