Mead v. . Jenkins
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 13, 1883, which reversed an order of the surrogate of the county of Westchester denying an application of George W. Mead, a creditor holding a claim against the estate of John P. Jenkins, deceased, for an order requiring the administrators of said estate to show cause why they should not mortgage, lease or sell the real estate, of which the decedent died seized, for…
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 13, 1883, which reversed an order of the surrogate of the county of Westchester denying an application of George W. Mead, a creditor holding a claim against the estate of John P. Jenkins, deceased, for an order requiring the administrators of said estate to show cause why they should not mortgage, lease or sell the real estate, of which the decedent died seized, for the payment of his debts. (Reported below, 27 Hun, 570.) The claim was a promissory note, which fell due February 11,…
1Per curiam
The question to be determined in this case is whether the surrogate erred in dismissing the proceedings for the sale of the real estate of the intestate, upon the ground that the claim was barred by the statute of limitation. The claim was due February 11,1871, and the intestate died March 19, 1871. Letters of administration were granted April 14, 1871. The proceedings in question were commenced February 6, 1880. The administrators accounted on the 17th day of October, 1877, and the petitioner received $355 on account of his claim against said estate, being his share of the personal assets in…
2Cited by17 opinions
- Adams v. . FassettNew York Court of Appeals · 1896
- Matteson v. PalserAppellate Division of the Supreme Court of the State of New York · 1900
- Hall v. BrennanNew York Supreme Court · 1892
- In re Callaghan's EstateNew York Supreme Court · 1893
- In re the Estate of RosenblattNew York Surrogate's Court · 1938
12 more not listed; retrieve them via the Exa API.