In Re the Estate of Killan
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made ¡November 12, 1901, which affirmed a decree of the Monroe County Surrogate’s Court dismissing proceedings instituted hy the appellant herein for a judicial settlement of the accounts of the respondent herein as administrator of the estate of Mary Killan, deceased, and also denying an application for a commission to issue to take testimony in a foreign country.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made ¡November 12, 1901, which affirmed a decree of the Monroe County Surrogate’s Court dismissing proceedings instituted hy the appellant herein for a judicial settlement of the accounts of the respondent herein as administrator of the estate of Mary Killan, deceased, and also denying an application for a commission to issue to take testimony in a foreign country. The facts, so far as material, are stated in the opinion. The proceeding which resulted in the alleged decree of February 7,…
1Opinion of the CourtBabtlett, J.
The petitioner, as the alleged brother and only next of kin of the intestate, proceeds under section 2726, subdivision 1, and section 2727 of the Code of Civil Procedure, which provide that a judicial settlement of the accounts of an administrator may be compelled by the next of kin, or any party in interest, after the expiration of one year from the issuance of letters of administration. The Code defines who is a “person interested” as follows: “The expression, ‘ person interested,’ where it is used in connection with an estate or a fund, includes every person entitled, either absolutely or…
2Cases cited10 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Scott v. McNealSupreme Court of the United States · 1894
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Hood v. . HoodNew York Court of Appeals · 1881
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3Cited by39 opinions
- Tilt v. KelseySupreme Court of the United States · 1907
- Pena Y Vidaurri's Estate v. BruniCourt of Appeals of Texas · 1913
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
- Barber v. ChaseSupreme Court of Vermont · 1928
- In Re the Will of RoeNew York Court of Appeals · 1939
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