Legal Opinion

In re the Estate of Peterson

New York Surrogate's Court

Decided January 15, 1909Published

Proceeding under section 2722 of the Code of Civil Procedure to compel payment of a demand against the estate.

1Opinion of the Court

Davie, S.

Decedent died intestate, at the city of Olean, March 19, 1908; and letters of administration upon his estate were issued May 18th of the same year. The petition filed in ■ this proceeding alleges that the claimant is the owner of a judgment regularly obtained and duly docketed in his favor against the decedent during his lifetime and that .a claim therefor, duly verified, has been presented to the administrator; that more than six months have elapsed since the appointment of the administrator and that there are sufficient, assets in the hands of the administrator to satisfy his…

2Cases cited5 opinions

  1. In re the Estate of WagnerNew York Court of Appeals · 1890
  2. McNulty v. . HurdNew York Court of Appeals · 1878
  3. In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
  4. Lambert v. . CraftNew York Court of Appeals · 1885
  5. In re the Estate of SherwoodAppellate Division of the Supreme Court of the State of New York · 1902

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