Ball v. Miller
New York Supreme Court
This is an appeal "by the plaintiffs, from the decree of the surrogate of Rensselaer county, refusing to allow the plaintiffs to participate in the distribution of moneys arising from the sale, under a surrogate’s order, of the- real estate of Joseph P. Casey, deceased, and awarding the same entirely to the defendant.
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This is an appeal "by the plaintiffs, from the decree of the surrogate of Rensselaer county, refusing to allow the plaintiffs to participate in the distribution of moneys arising from the sale, under a surrogate’s order, of the- real estate of Joseph P. Casey, deceased, and awarding the same entirely to the defendant. ISTo question arose in the case before the surrogate, except as to the point whether the plaintiffs’ claim was of that character that entitled them to participate in the proceeds of sale. The plaintiffs’ testatrix had been administratrix of the estate of her husband, Joseph P.…
1Opinion of the Court
By the court—Hogeboom, Justice.
The respondent makes various objections to the plaintiffs’ claim, upon either of which he insists that the decree of the surrogate rejecting the same ought to be affirmed. 1st. It is alleged that the claim in question never was a valid and subsisting demand, in any proper sense of the term. 2d. That it never was such a demand against the estate of the intestate, and must possess that character in order to be entitled to share in the proceeds of the real estate. 3d. That if it ever had any legal validity, it became barred by the statute of limitations, and has…
2Cases cited1 opinion
- Gilchrist v. ReaNew York Court of Chancery · 1841
3Cited by11 opinions
- Shoemaker v. BrownSupreme Court of Kansas · 1872
- In Re the Real Property of HatchNew York Court of Appeals · 1905
- In re O'BrienAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Judicial Settlement of the Account of ScripterAppellate Division of the Supreme Court of the State of New York · 1925
- East River National Bank v. McCaffreyNew York Surrogate's Court · 1877
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