Legal Opinion
In re the Judicial Settlement of the Account of Whitcher
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1930PublishedCited by 19 opinions
1Opinion of the CourtVan Kirk, P. J.
The claim is for labor and moneys advanced to decedent during his lifetime beginning in June, 1912, and continuing to his death in March, 1923. The surrogate has properly held that it is not a mutual account. The decedent’s will was probated March 5, 1924. This claim was presented September 18, 1924, but was not rejected until February 28, 1929. In the mean*240time claimant, in August, 1928, had petitioned for a judicial settlement of the executor’s account and payment of his claim.
The real question in the case is the application of the Statute of Limitations. The only rules for limitations…
2Cases cited1 opinion
- Schutz v. . MoretteNew York Court of Appeals · 1895
3Cited by19 opinions
- In Re the Accounting of SchorerNew York Court of Appeals · 1936
- In re the Estate of FeinbergNew York Court of Appeals · 1966
- In re the Estate of SchorerNew York Surrogate's Court · 1935
- In re the Estate of OsadcheyAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Estate of GrunerNew York Surrogate's Court · 1947
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