Claim of Dawson v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fannie Kelly, from a decree of the Surrogate’s Court of the county of Chautauqua in favor of the claimant, entered in the office of said Surrogate’s Court on the 13th day of October, 1921.
1Opinion of the Court
Sears, J.:
After the probate of the will of Andrew Davis, and the issuance of letters testamentary to the appellant, as executrix, the respondent filed with the executrix a claim for $10,000 against the estate. The claim was promptly rejected by the executrix, and after more than a year had elapsed since the letters testamentary had been issued, and previous to any accounting on the part of the executrix, the claimant presented a petition to the Surrogate’s Court praying that the executrix be cited to show cause why she should not render her final accounting and pay the petitioner’s claim. The…
2Cases cited1 opinion
- Clark v. . ScovillNew York Court of Appeals · 1908
3Cited by1 opinion
- In re the Accounting of GlennNew York Surrogate's Court · 1960