In Re the Estate of Miles
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made May 15, 1901, which reversed a decree of the Erie County Surrogate’s Court directing the administrators of the estate of John C. Miles, deceased, to pay to the appellant herein a balancé alleged to be due upon a claim against such estate, and dismissed the proceeding. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made May 15, 1901, which reversed a decree of the Erie County Surrogate’s Court directing the administrators of the estate of John C. Miles, deceased, to pay to the appellant herein a balancé alleged to be due upon a claim against such estate, and dismissed the proceeding. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The preliminary motion to dismiss the proceeding made by the respondent’s counsel at the opening of the trial was properly denied.…
1Opinion of the CourtWerner, J.
Prior to October, 1894, John C. Miles died intestate in the county of Erie in this state. On October 29th, 1894, letters of administration upon his estate were issued to Lucina Miles and Andrew Carmer. On or about March 21st, 1895, said administrators caused a notice to be published requiring creditors having claims against the estate of said John 0. Miles to present the same on or before October 1st, 1895. In 1898 said administrators made and filed an account of their proceedings and thereupon a decree was made judicially settling the same and directing the payment to said Lucina Miles, ás…
2Cases cited1 opinion
- McNulty v. . HurdNew York Court of Appeals · 1878
3Cited by15 opinions
- In re the Estate of SchorerNew York Surrogate's Court · 1935
- In re GouldAppellate Division of the Supreme Court of the State of New York · 1939
- In re Judicial Settlement in the Estate of PrinceNew York Surrogate's Court · 1907
- In re the Estate of WilliamsNew York Surrogate's Court · 1923
- In re the Accounting of HarveyNew York Surrogate's Court · 1951
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