In re the Estate of O'Brien

Savarese, S.

Jay C. O’Brien procured at different times from the petitioner, an insurance company, two one-year workmen’s compensation policies. He died on April 26, 1947, and at which time petitioner claims there was an accrued and unpaid premium thereon of $292.09, which it now seeks to compel his administrator c. t. a. to pay as a debt entitled to a preference under section 130 of the Workmen’s Compensation Law and section 212 of the Surrogate’s Court Act. The answer of the respondent merely denies the asserted preference. The issue has been submitted for determination upon the pleadings.

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