In re Johnston's Estate
New York Supreme Court
Appeal from surrogate’s court, Hew York county. Judicial settlement of the account of William T. A. Hart and David B. Johnston, administrators, etc., of Archibald Johnston, deceased. From a decree of the surrogate’s court confirming the report of the referee settling the accounts, Hugh Langan and Andrew Langan, composing the firm of Langan Bros., appeal.
1Opinion of the CourtVan Brunt, P. J.
The appellants claim that the referee erred in not considering claims which the creditor attempted to establish as against the administrator, which were in no way referred to in the objections which he filed to the administrator’s account. In these proceedings the account and the objections thereto form the pleadings; and the objector to an account is as much bound to set up in such objections any claims which he proposes to make against the administrator as the defendant in an action is bound to set up in his answer any claims which he proposes to urge against the plaintiff. Therefore the…
2Cases cited1 opinion
- O'Conner v. . GiffordNew York Court of Appeals · 1889
3Cited by13 opinions
- Johnson v. Central Trust Co.Indiana Supreme Court · 1903
- Spray v. BertramIndiana Supreme Court · 1905
- In re Mullon's EstateNew York Supreme Court · 1893
- In re the Estate of BielbyNew York Surrogate's Court · 1915
- In re the Estate of ThalerNew York Surrogate's Court · 1937
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