In re the Estate of Mahoney
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary Mahoney, as administratrix, etc., of Patrick Mahoney, deceased, from an order of the Surrogate’s Court of Sullivan county, entered in said Surrogate’s Court on the 12th day of July, 1902, directing the said administratrix to pay the sum of $135.60 to Charles H. Stage as attorney for-William Jones.
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Appeal by Mary Mahoney, as administratrix, etc., of Patrick Mahoney, deceased, from an order of the Surrogate’s Court of Sullivan county, entered in said Surrogate’s Court on the 12th day of July, 1902, directing the said administratrix to pay the sum of $135.60 to Charles H. Stage as attorney for-William Jones. In an action in the Supreme Court in which Mary Mahoney, as administratrix of Patrick Mahoney, deceased, was plaintiff, and "William Jones was defendant, judgment was recovered by William Jones against Mary Mahoney, as administratrix, etc., for the sum of $297.03, and the. same was…
1Opinion of the Court
Smith, J.:
This application was opposed in the Surrogate’s Court upon two grounds only: First, that the surrogate had no jurisdiction of the proceedings as the petitioner was not a creditor within the purview, of the statute, and the proceeding was one to enforce in Surrogate’s Court a judgment of the Supreme Court; that the relief was equitable and not within the jurisdiction of the court; second, that the petition was not properly verified, in that it was made by the attorney for William Jones, without properly stating why it was not verified by Jones himself.
*142Considering first the second…
2Cited by2 opinions
- In re the Estate of WilliamsNew York Surrogate's Court · 1932
- In re the Estate of FriedlanderAppellate Division of the Supreme Court of the State of New York · 1914