In re the Estate of Eaton
Appellate Division of the Supreme Court of the State of New York
Appeal by Ralph Phelps, Jr., and others from a decree of the Surrogate’s Court of the county of Madison, entered in the office of said Surrogate’s Court on the 7th day of July, 1920, denying appellants’ petition for an order directing, among other things, the payment of certain claims out of the estate of the deceased.
1Opinion of the Court
Van Kirk, J.:
The claims in issue here are those of attorneys who have unsuccessfully contested the will and the administration of the estate in the State of New York. There is no claim for any debt or obligation of the deceased.
The happenings and proceedings connected with the probate of the will of Elizabeth S. Eaton and the administration of the estate are set forth in Matter of Eaton (102 Misc. Rep. 370), in the decision of the surrogate, from which this appeal is taken, and in Watkins v. Eaton (173 Fed. Rep. 133). A very brief statement will be sufficient to present the question on this…
2Cases cited4 opinions
- Kerr v. . KerrNew York Court of Appeals · 1869
- Brown v. Fletcher's EstateSupreme Court of the United States · 1908
- In Re the Application for Letters of Administration of the Goods, Chattels and CreditsNew York Court of Appeals · 1898
- In re the Estate of EatonNew York Surrogate's Court · 1918
3Cited by3 opinions
- In re the Estate of CohenNew York Surrogate's Court · 1933
- In re the Judicial Settlement of the Accounts of The Madison County Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Watkins v. Madison County Trust & Deposit Co.District Court, N.D. New York · 1930