In re Rogers
New York Surrogate's Court
Letters of administration were granted October 31,1836, and an inventory was filed on the 12th day of January, 1837. An order to advertise for claims was made in June of the same year, and notice published for six months. No further proceedings were had in the Surrogate’s Court, or elsewhere, for an account or distribution, until October,-1850, when one of the next of kin applied for an order requiring an accounting by the administrator.
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Letters of administration were granted October 31,1836, and an inventory was filed on the 12th day of January, 1837. An order to advertise for claims was made in June of the same year, and notice published for six months. No further proceedings were had in the Surrogate’s Court, or elsewhere, for an account or distribution, until October,-1850, when one of the next of kin applied for an order requiring an accounting by the administrator. In presenting the account, the administrator made a claim against the estate of $651.94, with interest, for work, labor, and materials, done and furnished…
1Opinion of the Court
The Surrogate. — Previous to the Revised Statutes an executor or administrator had a right to retain for his own debt due to him from the deceased in preference to all other creditors of equal degree. (2 Williams on Ex., 894, 895; Rogers v. Rogers, 3 Wend., 503.) This right was given him from *232necessity, because he could not sue himself, and the law intended to place him in the same situation as if he had sued himself as executor or administrator and. recovered his debt, but it did not give him the right to retain against other creditors of a superior order. In Williams on Ex. (904), it is…
2Cases cited6 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- McCartee v. CamelNew York Court of Chancery · 1846
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Bertine v. VarianNew York Court of Chancery · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burnett v. NobleNew York Surrogate's Court · 1880
- In re the Estate of MacomberNew York Surrogate's Court · 1890