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Legal Opinion

In re the Estate of Geraerdts

New York Surrogate's Court

Decided October 25, 1962Published

1Opinion of the Court

Harry G. Herman, S.

The legal representative of a deceased surety upon the bond of the administratrix, c. t. a., has moved for the reargument of its motion pursuant to section 107 of the Surrogate’s Court Act to dismiss the pending accounting proceeding as to the deceased surety, on the ground that any claim against the surety is barred by the Statute of Limitations.

Movant contends that in denying the motion to dismiss, the court “ overlooked ” the decisions in Matter of Gellis (141 Misc. 432); Matter of Aquino (186 Misc. 7, affd. 270 App. Div. 994) and Matter of Aquino (186 Misc. 15, affd.…

2Cases cited11 opinions

  1. Tennessee v. SneedSupreme Court of the United States · 1877
  2. Marx v. HanthornSupreme Court of the United States · 1893
  3. Deobold v. . OppermannNew York Court of Appeals · 1888
  4. Conner v. . ReevesNew York Court of Appeals · 1886
  5. Scofield v. . ChurchillNew York Court of Appeals · 1878

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