In re Ries
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles Bies and another from a decree of the Surrogate’s Court of the county of Queens, entered in the office of said Surrogate’s Court on the 26th day of July, 1917, dismissing the petition in this proceeding.
1Opinion of the Court
Jenks, P. J.:
This proceeding was begun in February, 1914, before enactment of the new Practice Act applicable to the Surrogate’s . Court (Laws of 1914, chap. 443). Therefore, the questions presented are considered under the old law. (Matter of Roberts, 214 N. Y. 369; Matter of Ries, 170 App. Div. 951.) Those questions relate to jurisdiction, for plainly the merits were not considered. The petitioners as creditors invoke former section 2750 of the Code of Civil Procedure, which provided: “ At any time within three years after letters were first duly granted within the State, upon the estate of…
2Cases cited11 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887
- Clift v. . MosesNew York Court of Appeals · 1889
- Matter of GantertNew York Court of Appeals · 1892
- In Re the Judicial Settlement of the Accounts of PowersNew York Court of Appeals · 1891
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3Cited by3 opinions
- In re the Estate of FurlongAppellate Division of the Supreme Court of the State of New York · 1945
- In re RiesAppellate Division of the Supreme Court of the State of New York · 1919
- In re StelterAppellate Division of the Supreme Court of the State of New York · 1941