Legal Opinion
In re the Estate of Wood
New York Surrogate's Court
Decided March 20, 1939PublishedCited by 5 opinions
1Opinion of the Court
Taylor, S.
The sole question presented is the application of the Statute of Limitations to a claim for funeral expenses.
The fiduciary is unquestionably correct in his statement that if the statute applies it is his duty to interpose it as a defense. (Butler v. Johnson, 111 N. Y. 204; Matter of Milligan, 112 App. Div. 373; Matter of Rainey, 5 Misc. 367.)
The decedent died September 29, 1930, and letters testamentary were issued upon her estate on October eleventh following. The claimant’s brief states that the claim for funeral expenses was filed with the executor on January 5, 1931. Although…
2Cases cited7 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- In Re the Accounting of SchorerNew York Court of Appeals · 1936
- Evans v. . ClevelandNew York Court of Appeals · 1878
- In re the Judicial Settlement of the Account of WhitcherAppellate Division of the Supreme Court of the State of New York · 1930
- In re the Judicial Settlement of the Estate of MilliganAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of WrightNew York Surrogate's Court · 1939
- In re the Estate of CravenNew York Surrogate's Court · 1939
- In re the Accounting of HammerNew York Surrogate's Court · 1945
- In re KnowlesAppellate Division of the Supreme Court of the State of New York · 1941
- In re the Accounting of Chemical Bank New York Trust Co.New York Surrogate's Court · 1960