In re the Judicial Settlement of the Account of Smith
New York Surrogate's Court
The above case came on before me as surrogate on the 28th day of January, 1908, upon the return of a citation for the judicial settlement of the account of the administrator. The facts before the surrogate are as follows: May 8, 1907, the claimant, O. P. Elliott, presented to the administrator an account against deceased for $551.33, duly verified.
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The above case came on before me as surrogate on the 28th day of January, 1908, upon the return of a citation for the judicial settlement of the account of the administrator. The facts before the surrogate are as follows: May 8, 1907, the claimant, O. P. Elliott, presented to the administrator an account against deceased for $551.33, duly verified. On May 18th, the administrator indorsed in writing on the back of said claim a rejection thereof, which appears at length in the opinion, and deposited it in the post office at Fort Covington, N. Y., addressed to said claimant. On October 23, 1907,…
1Opinion of the Court
Paddock, S.
The question presented is one in regard to the jurisdiction! of the surrogate to determine the above claim. To arrive at this determination, the question whether the service by mail of the rejection doubles the time within which the claimant may file his consent or bring his -action under section 1822 of the Code of Civil Procedure must be first decided. It appears that the claimant presented his claim about the 8th day of May, 1-907; that, on the 18th day of May, 1907, the administrator indorsed on the back of said claim, in writing, as follows:
“ To Charles P. Elliott. The within…
2Cases cited1 opinion
- Peters v. StuartNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Persbacker v. MurphyAppellate Division of the Supreme Court of the State of New York · 1912