Smith v. Remington
New York Supreme Court
APPEAL from a decree of the surrogate of Cayuga county. Abner Remington died in 1840, leaving a last will by which he bequeathed to the respondent $1300, to be paid to him on his arriving at the age of twenty-one years, the interest on which was to be paid annually before that time; and appointed the appellant one of his executors, who duly qualified and took upon himself the execution of said will.
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APPEAL from a decree of the surrogate of Cayuga county. Abner Remington died in 1840, leaving a last will by which he bequeathed to the respondent $1300, to be paid to him on his arriving at the age of twenty-one years, the interest on which was to be paid annually before that time; and appointed the appellant one of his executors, who duly qualified and took upon himself the execution of said will. The respondent arrived at the age of twenty-one years in November, 1844. On the 4th of June, 1862, the respondent presented his petition to. the surrogate of Cayuga county, praying that the…
1Opinion of the Court
By the Court,
Johnson, J.
The principal question here is, whether the statute of limitations was a bar to the proceedings before the surrogate, to compel the executors to account, and pay the legacy to the respondent. It appears to be well settled upon authority, that the statute of limitations may be interposed in a surrogate’s court as well as in any other. And that in a case where courts of law have a concurrent jurisdiction with the surrogate and the court of chancery, the six years’ limitation would constitute a bar to the proceeding in a surrogate’s court. (Kane v. Bloodgood, 7 John. Ch.…
2Cases cited2 opinions
- McCartee v. CamelNew York Court of Chancery · 1846
- Partridge v. MitchellNew York Court of Chancery · 1838
3Cited by17 opinions
- In Re the Estate of RogersNew York Court of Appeals · 1897
- American Bible Society v. HebardNew York Supreme Court · 1868
- In re DeitzNew York Surrogate's Court · 1929
- Wencker v. Thompson's AdministratorMissouri Court of Appeals · 1902
- In re the Estate of MillerNew York Surrogate's Court · 1896
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