Legal Opinion

In re the Estate of Cooper

New York Surrogate's Court

Decided November 17, 1967Published

1Opinion of the CourtEdward S. Silver, J.

This is a motion by claimants to dismiss the petition by the executrix for disallowance of their claims in the amount of $5,815 for accounting services allegedly rendered to testator. The ground for the motion is that this court was ousted of jurisdiction to adjudicate the claims because of the civil court action on the claims brought by claimants against the estate within 60 days after their rejection by petitioner as executrix (SOPA, § 1810). The opposition is based on the fact that the claims had been presented once before to petitioner as preliminary executrix and rejected by her as such,…

2Cases cited8 opinions

  1. Titus v. . PooleNew York Court of Appeals · 1895
  2. Little v. GavinSupreme Court of Alabama · 1943
  3. Braloff v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1954
  4. In re DeridderAppellate Division of the Supreme Court of the State of New York · 1918
  5. In re the Estate of UnseldNew York Surrogate's Court · 1964

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