Legal Opinion

In re the Estate of Bork

New York Surrogate's Court

Decided June 15, 1907Published

Preliminary objections to jurisdiction of court to pass upon claims alleged to be barred by Statute of Limitations.

1Opinion of the Court

Sexton, S.

Prior to 1895, the Surrogate’s Court had no jurisdiction to try any claims of the character involved. By chapter 595, Laws of 1895, such authority was given upon the judicial settlement of the accounts of an executor or administrator, as provided in section 1822 of the Code of Civil Procedure.

It seems that Jacob Minning, Eliza Johnson and Carrie Johnson presented claims against the above estate to Roscoe O. Hall, as executor, which were on March 30, 1905', duly rejected in writing, and that, thereafter under date of June 27, 1905, a consent was signed by the executor and said…

2Cases cited3 opinions

  1. In Re the Judicial Settlement of the Accounts of KendrickNew York Court of Appeals · 1887
  2. Clark v. ScovillAppellate Division of the Supreme Court of the State of New York · 1906
  3. In re HoesAppellate Division of the Supreme Court of the State of New York · 1900

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