Legal Opinion

Creamer v. Waller

New York Surrogate's Court

Decided February 15, 1884PublishedCited by 1 opinion

Petition of Thomas J. Creamer, an alleged creditor of decedent’s estate, why MaryH". Waller, executrix of decedent’s will should not file an inventory, etc. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

It is provided, by § 3715 of the Code, that a creditor or person interested in an estate may present to the Surrogate’s court proof, by affidavit, that an executor has failed to return an inventory within the time prescribed by law therefor. If tho Surrogate is satisfied that such executor is in default, the same section directs that he “must make an order requiring the delinquent to return the inventory.” Section 15 of parts, ch. 6, tit. 3, of the Revised Statutes requires that such inventory shall be returned to the Surrogate within three months from the date of letters…

2Cases cited4 opinions

  1. Thomson v. ThomsonNew York Surrogate's Court · 1849
  2. Burweel v. ShawNew York Surrogate's Court · 1853
  3. Cotterell v. BrockNew York Surrogate's Court · 1850
  4. Wever v. MarvinNew York Supreme Court · 1852

3Cited by1 opinion

  1. In re Wagner's EstateNew York Supreme Court · 1889

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