Shea v. Bergen
New York Supreme Court
Action by Joseph Shea against George P. Bergen, executor of Ann Shea, and others. The action in which this motion is made is brought under section '2653a of the Code of Civil Procedure to determine the invalidity of' the probate of the will of Ann Shea, deceased.
Read the full summary
Action by Joseph Shea against George P. Bergen, executor of Ann Shea, and others. The action in which this motion is made is brought under section '2653a of the Code of Civil Procedure to determine the invalidity of' the probate of the will of Ann Shea, deceased. The motion is made by the guardian ad litem of Samuel J. Campbell, an infant defendant (who by answer joins in the prayer of the complaint), to stay the defendant P. Bergen as executor from distributing or paying out any moneys of the estate to legatees pending the determination of the action.
1Opinion of the CourtScudder, J.
The estate of deceased consists entirely of personal property. Shortly after the commencement of this action the Surro*574gate’s Court rendered a decree judicially settling the final accounts of the executor, and directing the distribution of the estate in accordance with the terms of the will. The executor does not deny that, if unrestrained, he will make an immediate distribution of the entire estate under the Surrogate’s decree. Section 2653a was added to the Code of Civil Procedure by chapter 591 of the Laws of 1892. It is incorporated in. chapter 18 of the Code entitled “Surrogates’ Courts…
2Cases cited7 opinions
- In re Moore's EstateNew York Supreme Court · 1895
- Snow v. HamiltonNew York Supreme Court · 1895
- Long v. RodgersNew York Supreme Court · 1894
- In re the Judicial Settlement of the Account of WohlgemuthAppellate Division of the Supreme Court of the State of New York · 1906
- Katz v. SchnaierNew York Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.