Legal Opinion
In re the Estate of Keeling
New York Surrogate's Court
Decided September 6, 1933PublishedCited by 11 opinions
1Opinion of the Court
Wingate, S.
The questions herein presented for determination arise upon a motion to dismiss the claim of an alleged creditor against this estate. Upon primary principles of practice, it results that the matter is to be viewed as upon a demurrer, and that all facts alleged and established, and inferences reasonably deducible therefrom, are to be takén as true. (Matter of Kirkman, 143 Misc. 342, 343; Matter of Duggan, 146 id. 596, 597; Matter of Killough, 148 id. 73, 74.)
*799The facts as thus determined for the purposes of this motion demonstrate that the present intestate, who died on July 31,…
2Cases cited19 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- In re the Estate of KirkmanNew York Surrogate's Court · 1932
- Reando v. MisplaySupreme Court of Missouri · 1886
- Borum v. BellSupreme Court of Alabama · 1902
- People Ex Rel. Smith v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re the Estate of LauderdaleNew York Surrogate's Court · 1934
- Ruppert v. BowenCourt of Appeals for the Second Circuit · 1989
- In re the Accounting of GassAppellate Division of the Supreme Court of the State of New York · 1965
- In re the Estate of MurrayNew York Surrogate's Court · 1936
- In re the Estate of McgloneNew York Surrogate's Court · 1938
6 more not listed; retrieve them via the Exa API.