McNulty v. . Hurd
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a decree of the surrogate of Kings county, which required and directed the administratrix of James McNulty, deceased, to pay a judgment against her intestate, of which the respondent claimed to be the owner.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a decree of the surrogate of Kings county, which required and directed the administratrix of James McNulty, deceased, to pay a judgment against her intestate, of which the respondent claimed to be the owner. (Reported below, 11 Hun, 339.) The decree was rendered in proceedings upon application of respondent as a creditor for an order that the administratrix pay said judgment, she having refused so to do. It was claimed upon her part that respondent was not the owner of the judgment;…
1Opinion of the Court
Church, Ch. J.
It has been definitely settled by this court that a surrogate has no jurisdiction to hear and determine the validity of disputed claims against the estates of deceased persons. (Tucker v. Tucker, 4 Keyes, 136.) And this decision followed and affirmed the doctrine of several previous decisions of the Supreme Court. (Magee v. Vedder, 6 Barb., 352; Wilson v. Bapt. Educ. Soc. of S. of N. Y., 10 id., 308; Disosway v. Bank of Washington, 24 id., 60; Curtis v. Stilwell, 32 id., 354 ; Andrews v. Wallege, 17 How., 263.)
A surrogate has only such powers as have been conferred by statute,…
2Cases cited4 opinions
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Tucker v. TuckerNew York Court of Appeals · 1868
- Magee v. VedderNew York Supreme Court · 1849
- Risley v. . BrownNew York Court of Appeals · 1876
3Cited by48 opinions
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- Lambert v. . CraftNew York Court of Appeals · 1885
- In re WarrinAppellate Division of the Supreme Court of the State of New York · 1900
- In Re the Estate of CallahanNew York Court of Appeals · 1897
- In Re the Estate of MilesNew York Court of Appeals · 1902
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