Forsyth v. Burr
New York Supreme Court
CHARLES BURR died at Saratoga Springs, in the month of August, 1860, intestate. On the 23d of August, 1860, letters of administration were issued to Mary S. Burr, his widow, by the surrogate of Saratoga county. She accepted and qualified. The appellant had an account and claim against the estate, which the respondent had knowledge of when she became administratrix, as she soon after sent her agent to get it.
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CHARLES BURR died at Saratoga Springs, in the month of August, 1860, intestate. On the 23d of August, 1860, letters of administration were issued to Mary S. Burr, his widow, by the surrogate of Saratoga county. She accepted and qualified. The appellant had an account and claim against the estate, which the respondent had knowledge of when she became administratrix, as she soon after sent her agent to get it. On the 14th of August, 1861, about a year afterwards, the appellant presented his claim as a creditor, duly verified, to the administratrix, the respondent, who rejected it entirely. No…
1Opinion of the Court
By the Court,
Miller, J.
The statute requires that executors and administrators, within a reasonable time after qualifying and after giving the proper notice, shall make an inventory of the property of the deceased. (2 R. S. 82, § 2.) Upon the inventory being completed a copy of it must be returned to the surrogate, within three months after the date of the letters issued by him. (Id. 84, § 15.) The inventory must be verified by the oath of the executor or administrator. (Id. 84, 85, § 16.) If the executor or administrator neglect or refuse to return such inventory within the time required by…
2Cases cited1 opinion
- Thomson v. ThomsonNew York Surrogate's Court · 1849
3Cited by1 opinion
- In re the Estate of HuntingtonNew York Surrogate's Court · 1902