In re the Estate of Laffargue
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward Herrmann, as executor, etc., of J. George Laffargue, deceased, from an order of the Surrogate’s Court of the county of New York, bearing date tlie 19th day of July, 1910, and entered in said Surrogate’s Court, affirming the first finding of fact made by a referee appointed herein, and directing appellant as such .executor to render and file his accounts in.the office of the clerk of the court within twenty days after the date of the order and to attend…
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Appeal by Edward Herrmann, as executor, etc., of J. George Laffargue, deceased, from an order of the Surrogate’s Court of the county of New York, bearing date tlie 19th day of July, 1910, and entered in said Surrogate’s Court, affirming the first finding of fact made by a referee appointed herein, and directing appellant as such .executor to render and file his accounts in.the office of the clerk of the court within twenty days after the date of the order and to attend before the surrogate from time to time for. the purpose of settling his accounts, with notice of an- intention to bring up…
1Opinion of the Court
Laughlin, J.:
This is not a petition for the payment of a legacy or other pecuniary provision under a will or a distributive share made pursuant to the provisions of section 2722 of the Code of Civil Procedure, which must be dismissed without prejudice to an action or an accounting in behalf of the petitioner where the executor or administrator files an answer in writing, duly verified, denying the validity or legality of the petitioner’s claim and setting forth facts which show that it is doubtful whether it is valid and legal. The petition evidently was presented pursuant to the provisions…
2Cases cited1 opinion
- In re the Judicial Settlement of the Accounts of St. JohnAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- In re the Estate of AhrensAppellate Division of the Supreme Court of the State of New York · 1946
- In re the Judicial Settlement of the Account of HerrmannNew York Surrogate's Court · 1912
- In re the Accounting of LinghamAppellate Division of the Supreme Court of the State of New York · 1957