Lambert v. . Craft
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made Hay 13, 1881, which affirmed a decree of the surrogate of the county of Queens, directing defendants, as executors of the will of Joseph Craft, deceased, to pay claim against the testator’s estate.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made Hay 13, 1881, which affirmed a decree of the surrogate of the county of Queens, directing defendants, as executors of the will of Joseph Craft, deceased, to pay claim against the testator’s estate. The petition alleged, and it appeared that plaintiffs claim was presented at the time And place stated in the statutory notice to creditors to one of the executors, who was named in said notice as the person to whom claims should be presented. That the claim was not rejected,…
1Opinion of the CourtDaneobth, J.
There can he no doubt but that it is within the province of a surrogate, upon petition by a creditor, to direct payment of his debt. A power to do so is conferred by statute (Code, §§ 2717, 2718), and the only question in this case is whether it has been exercised as there prescribed. If we looked further it might be difficult to say that substantial justice had been done by the decree. The appellant is at least justified in asserting that the claim is larger than any evidence in the record would seem to warrant, but it must be kept in mind that as the surrogate cannot pass upon disputed…
2Cases cited7 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- McNulty v. . HurdNew York Court of Appeals · 1878
- Tucker v. TuckerNew York Court of Appeals · 1868
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- Magee v. VedderNew York Supreme Court · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In re GouldAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Judicial Settlement of the Account of GilmoreNew York Surrogate's Court · 1926
- In re PerryNew York Surrogate's Court · 1893
- In re Strickland's EstateNew York Surrogate's Court · 1889
- In re WhiteheadAppellate Division of the Supreme Court of the State of New York · 1899
21 more not listed; retrieve them via the Exa API.