Tucker v. Tucker
New York Court of Appeals
Nancy Tucker petitioned the surrogate for a sale of the real property of Samuel Tucker, deceased, for payment of a debt she claimed to be due her. It appeared that she had formerly presented the claim, duly verified, to Jedediah Woodward and Clarissa Tucker, the administrators, who denied the validity of the claim and refused to pay it. The administrators had not advertised for claims.
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Nancy Tucker petitioned the surrogate for a sale of the real property of Samuel Tucker, deceased, for payment of a debt she claimed to be due her. It appeared that she had formerly presented the claim, duly verified, to Jedediah Woodward and Clarissa Tucker, the administrators, who denied the validity of the claim and refused to pay it. The administrators had not advertised for claims. Upon a final accounting of the administrators, subsequently had before the surrogate under the statute, at which the heirs at law as well as the next of kin and administrators were present, the claimant…
1Opinion of the Court
By the Court.
Mieles, J.
The claim of the appellants, at the time of the final account, was disputed within the meaning of the statute. When it was presented to the administrator, it was not admitted, and it appears that at one time the administratrix said she had no right to pay it, and at another, the administrator said there was fraud in the claim, and he was opposed to paying it. Upon the accounting, the demand was presented and its allowance opposed. Evidence was given in support of it, and it was disallowed by the surrogate. If it was not a disputed claim, where was the occasion for a…
2Cases cited5 opinions
- Magee v. VedderNew York Supreme Court · 1849
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
- Whitmore v. FooseCourt for the Trial of Impeachments and Correction of Errors · 1845
- President, C. of Bank of Poughkeepsie v. . HasbrouckNew York Court of Appeals · 1852
- Andrews v. WallegeNew York Supreme Court · 1859
3Cited by12 opinions
- Stilwell v. CarpenterNew York Court of Appeals · 1875
- Wise v. WedlakeAppellate Division of the Supreme Court of the State of New York · 1926
- Giles v. De TalleyrandNew York Surrogate's Court · 1882
- Martine's EstateNew York Surrogate's Court · 1882
- Greene v. DayNew York Surrogate's Court · 1882
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