Legal Opinion

In re the Estate of Post

New York Surrogate's Court

Decided March 15, 1890PublishedCited by 2 opinions

Proceeding by the. administratrix c. t. a. of Cornelia Post,, deceased, against the administrator of Edwin Post, deceased, for an acccounting.

1Opinion of the Court

The Surrogate.

The referee has reported that this proceeding should be dismissed. The petitioner excepts to this conclusion of law and to the grounds upon which the referee bases it. They are, first, the inability of petitioner to maintain the proceeding in the capacity in which she has brought it, to wit, as administratrix with the will annexed; second, that the right to compel the accounting sought is barred by the Statute of Limitations. As an additional ground for sustaining the disposition made by the referee, the respondent insists, that all those who were *245ultimately entitled to share in…

2Cases cited9 opinions

  1. Smith v. . EdwardsNew York Court of Appeals · 1882
  2. Hood v. . HoodNew York Court of Appeals · 1881
  3. Mott v. . AckermanNew York Court of Appeals · 1883
  4. Van Axte v. . FisherNew York Court of Appeals · 1889
  5. House v. AgateNew York Surrogate's Court · 1877

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re the Estate of PostNew York Surrogate's Court · 1900
  2. In re the Probate of the Will of BartholomewNew York Surrogate's Court · 1913

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