Magee v. Vedder
New York Supreme Court
This was an appeal from a decree of the surrogate of the county of Greene. On the 3d of April, 1841, Tedder presented to the surrogate a petition stating that he was a creditor of the estate of Ephraim Magee deceased, to the amount of about sixty dollars, and praying that the administrator might be decreed to pay the whole, or a proportional part, of such debt.
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This was an appeal from a decree of the surrogate of the county of Greene. On the 3d of April, 1841, Tedder presented to the surrogate a petition stating that he was a creditor of the estate of Ephraim Magee deceased, to the amount of about sixty dollars, and praying that the administrator might be decreed to pay the whole, or a proportional part, of such debt. The surrogate thereupon issued a citation requiring the administrator to appear before him on the 24th of May ensuing and render an account of his administration. At the time appointed, the parties appeared before the surrogate, and…
1Opinion of the Court
By the Court, Harris, J.
The question presented in this case is one of jurisdiction. It is, whether the statute has con*353ferred upon the surrogate the power of deciding upon the validity of a claim against an estate, when such claim is disputed, and the right of the surrogate to make such determination, is also denied. Before considering this question it may be proper to state the facts upon which it is presented. The appellant was appointed administrator of the estate of Ephraim Magee deceased, in February, 1838. In December following he caused a notice to be published in the manner prescribed…
2Cases cited1 opinion
- Kidd v. Chapman & DanielsNew York Court of Chancery · 1847
3Cited by23 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- McNulty v. . HurdNew York Court of Appeals · 1878
- Tucker v. TuckerNew York Court of Appeals · 1868
- Lambert v. . CraftNew York Court of Appeals · 1885
- Tucker v. TuckerNew York Court of Appeals · 1868
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