Claim of Marcellus v. Estate of Marcellus
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1898, affirming a decree of the Schenectady County S/iivrogate’s Court rejecting the claim of the appellant herein Against the estate of John N. Marcellus, deceased, of which he was one of the administrators.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1898, affirming a decree of the Schenectady County S/iivrogate’s Court rejecting the claim of the appellant herein Against the estate of John N. Marcellus, deceased, of which he was one of the administrators. The original claim contained four items, but as there was no proof whatever as to two, the claim which was finally submitted to the surrogate for determination included only one item of sixty-five hundred dollars for money alleged to have been in the possession of…
1Opinion of the CourtMartin, J.
This was a special proceeding in the Surrogate’s Court of Schenectady county instituted by one of the administrators of the estate of John E. Marcellus to establish a claim in his own favor against the estate of his intestate. The first question presented is whether the Surrogate’s Court had jurisdiction to entertain the application of the appellant, or to make any decree in the proceeding thus inaugurated. We think it had. This court, in Matter of Ryder (3 Silver-nail’s N. Y. Ct. Appeals Reps. 607; 129 N. Y. 640, 642), held that a Surrogate’s Court had no' jurisdiction to entertain a…
2Cases cited7 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Turner v. . KouwenhovenNew York Court of Appeals · 1885
- Hartwell v. RootNew York Supreme Court · 1822
2 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Matter of Whitman. No. 1New York Court of Appeals · 1918
- Hamilton v. . Erie R.R. Co.New York Court of Appeals · 1916
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Clark v. DiefendorfSupreme Court of Connecticut · 1929
- Hitt v. CarrIndiana Court of Appeals · 1921
48 more not listed; retrieve them via the Exa API.