In re Mudge
New York Surrogate's Court
Judicial settlement of the estate of Charles B. Potter, deceased, in which Adelbert W. Mudge instituted summary proceedings against the executor for the payment of an undertaker’s claim.
1Opinion of the Court
BROWN, S.
This is an application under subdivision 3 of section 3729 of the Code of Civil Procedure, relating to the summary remedy for the payment of the claim of an undertaker against the estate of .a decedent. The. executor, appearing on the return of the citation issued herein, has set up that this proceeding is not proper because of the fact that the claimant’s claim is outlawed under the six months’ statute. The court on the hearing denied the motion to dismiss the proceeding and took the evidence, by consent of the parties, which had been taken by the court upon the proceedings for the…
2Cases cited3 opinions
- Genet v. WillockAppellate Division of the Supreme Court of the State of New York · 1904
- Shorter v. MackeyAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Judicial Settlement of the Account of EichmanNew York Surrogate's Court · 1900
3Cited by1 opinion
- Dawbarn v. FleischmannAppellate Division of the Supreme Court of the State of New York · 1911