Clark v. Hyland's Estate
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Livingston County. Judicial proceedings on the settlement of the estate of John Hyland, deceased. From a decree of the surrogate in the matter of the claim of Margaret E. Clark against the estate, the claimant appeals. Reversed.
1Opinion of the CourtWilliams, J.
The decree should be reversed, with costs of this appeal.
The appellant held a note, alleged to have been given her by deceased in his lifetime, for $10,000, and made claim therein against the estate. The executors refused to allow the claim on the ground that it was not a genuine, but a forged, note. The claimant and the executors made and filed with the surrogate their written consent that the claim might be heard and determined by the surrogate upon the judicial settlement of the accounts of the executors pursuant to statute. There have never been any proceedings instituted for such…
2Cases cited5 opinions
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- McNulty v. . HurdNew York Court of Appeals · 1878
- In Re the Estate of CallahanNew York Court of Appeals · 1897
- In re the Judicial Settlement of the Accounts of EdmondsAppellate Division of the Supreme Court of the State of New York · 1900
- Edmonds v. EdmondsAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- In re Alden's WillNew York Surrogate's Court · 1912