Legal Opinion

In re the Estate of Benson

New York Surrogate's Court

Decided April 17, 1958Published

1Opinion of the Court

John D. Bennett, S.

In this proceeding to compel the administratrix to judicially settle her account, a creditor obtained an order to show cause why the administratrix should not ‘ ‘ file a petition praying for a judicial settlement of her account of proceedings filed on the 14th day of January, 1957 and obtain the issuance and service of citation thereon ”.

The order to show cause is prompted by the fact that the creditor eventually seeks to have the real property, which is an asset of the estate, sold for the payment of debts.

Since more than 18 months have elapsed since the issuance of…

2Cases cited3 opinions

  1. In Re the Estate of CunniffNew York Court of Appeals · 1936
  2. In re the Estate of CunniffAppellate Division of the Supreme Court of the State of New York · 1936
  3. In re the Estate of CunniffNew York Surrogate's Court · 1935

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