Legal Opinion
In re the Estate of McGowan
New York Surrogate's Court
Decided July 24, 1940PublishedCited by 3 opinions
1Opinion of the Court
Foley, S.
In this proceeding to compel the filing of an account by the executor, the defense of the Statute of Limitations has been asserted by the executor. The defense is overruled.
The petitioners assert a claim upon a promissory note. The right to sue upon the note accrued on November 24, 1932. The six-year statute would then expire on November 24, 1938. Shortly preceding that date, the testator died on November 5, 1938. The statute, therefore, had not run during the period of the lifetime of the decedent.
The statute was tolled by virtue of the provisions of section 21 of the Civil Practice…
2Cases cited4 opinions
- In Re the Accounting of SchorerNew York Court of Appeals · 1936
- In re the Judicial Settlement of the Account of WhitcherAppellate Division of the Supreme Court of the State of New York · 1930
- Hall v. . BrennanNew York Court of Appeals · 1893
- In re the Estate of MorrisNew York Surrogate's Court · 1937
3Cited by3 opinions
- In re the Estate of WeinbaumNew York Surrogate's Court · 1964
- In re the Accounting of HammerNew York Surrogate's Court · 1945
- In re the Estate of GuyAppellate Division of the Supreme Court of the State of New York · 1949