In re Hoes
Appellate Division of the Supreme Court of the State of New York
Appeal by William Hoes, public administrator of the county of Hew York, as administrator, etc., of Patrick McElroy, deceased, from an order of the Surrogate’s Court of the qounty of Hew York, entered in said Surrogate’s Court on the 10th day of August, 1900, directing a reference of the claim of Catharine Shandley against the estate of Patrick McElroy, deceased.
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Appeal by William Hoes, public administrator of the county of Hew York, as administrator, etc., of Patrick McElroy, deceased, from an order of the Surrogate’s Court of the qounty of Hew York, entered in said Surrogate’s Court on the 10th day of August, 1900, directing a reference of the claim of Catharine Shandley against the estate of Patrick McElroy, deceased. Letters of administration upon the estate of Patrick McElroy, deceased, were granted to the public administrator on the 2Yth day of July, 1895. The claim of the respondent Catharine Shandley was filed with him July 10, 1896, and on…
1Opinion of the Court
O'Brien, J.:
With respect to maims presented to an executor or administrator three courses are open. He may, when the demand is made, formally or by acquiescence tacitly admit its justice and validity. He may reject the claim. Or, neither admitting nor rejecting it, he *283may consent as stated in section 1822 of the Code of Civil Procedure that “ said claim may be heard and determined by him (the surrogate) upon the judicial settlement of the accounts of said executor or administrator.” And where the claim is disputed or rejected, as provided in the same section, “ the claimant must commence an…
2Cited by2 opinions
- Van Ness v. KenyonNew York Supreme Court · 1912
- In re the Estate of BorkNew York Surrogate's Court · 1907