Legal Opinion

Reed v. Stoddard

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1916PublishedCited by 2 opinions

Appeal by Frances H. Stoddard, as administratrix, and others, from an order of the Surrogate’s Court of the county of Warren, entered in the office of said Surrogate’s Court on the 16th day of July, 1915, directing a sale of the real property of the deceased to pay the claim of the respondent against the estate of said deceased.

1Opinion of the Court

Kellogg, P. J.:

This case is reported in 214 New York, 383, where a decision of the surrogate was reversed upon the ground that citation had not been served upon unknown creditors, and the matter was remitted to the Surrogate’s Court “to the end that service of the citation may be made upon the creditors. The pro*23ceedings prior to the date of the surrogate’s decision may stand, however, in full force and effect as against all parties heretofore served with the citation. ” The appellants did not enter the judgment upon the remittitur, and the respondent made a motion to compel such entry, and…

2Cases cited2 opinions

  1. Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
  2. Wood v. . KnappNew York Court of Appeals · 1885

3Cited by2 opinions

  1. In re ReedAppellate Division of the Supreme Court of the State of New York · 1917
  2. In re the Probate of the Last Will & Testament of WrightAppellate Division of the Supreme Court of the State of New York · 1918

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