Neilley v. . Neilley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 8,1881, which affirmed a judgment in favor of plaintiff, «entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 8,1881, which affirmed a judgment in favor of plaintiff, «entered upon the report of a referee. (Reported below, 23 Hun, 651.) This action was brought by plaintiff, as administratrix of the estate of Sarah Byron, deceased, to compel defendants, as administrators of the estate of Alexander Waldron, deceased, to account for and pay over an alleged trust fund in the hands of their intestate at the time of his decease. The defendants’ answer set up the statute of…
1Opinion of the Court
Andrews, Oh. J.
We are of the opinion that the surrogate of Rockland county, had jurisdiction on the final settlement of the accounts of the defendants, as administrators of the estate of Alexander Waldron, to pass upon and settle the claim of the plaintiff as administratrix of the estate of Sarah Byron, against the estate of Alexander Waldron, arising out of the instrument of November 4, 1828. The plaintiff was administratrix of both estates. By 2 Revised Statutes, page 88, section 33, it is provided that “ no part of the property of the deceased shall be retained by an executor or…
2Cases cited3 opinions
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Kyle v. . KyleNew York Court of Appeals · 1876
3Cited by9 opinions
- Martorano v. Capital Finance Corp.New York Court of Appeals · 1942
- In re Strickland's EstateNew York Surrogate's Court · 1889
- Barker v. LaneyAppellate Division of the Supreme Court of the State of New York · 1896
- In re Babcock's EstateNew York Surrogate's Court · 1889
- In re CooperNew York Surrogate's Court · 1894
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