Legal Opinion
In re the Estate of Albin
New York Surrogate's Court
Decided August 6, 1962PublishedCited by 6 opinions
1Opinion of the Court
Pierson B. Hildreth, S.
This is a motion by the administrator in an accounting proceeding to dismiss the objections to the account filed by a claimant. The motion is made pursuant to *323rule 107 of the Rules of Civil Practice on two grounds; the first being that the Surrogate’s Court does not have jurisdiction of the claims on which the objections are based, and the second is that one claim is based on an oral agreement alleged to be void under the Statute of Frauds. (Personal Property Law, § 31, subds. 1, 7.)
Decedent died intestate on October 31, 1959, leaving two sons, who are his sole…
2Cases cited14 opinions
- Meltzer v. KoenigsbergNew York Court of Appeals · 1951
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Bayreuther v. ReinischAppellate Division of the Supreme Court of the State of New York · 1942
- In re the Estate of DitsonNew York Surrogate's Court · 1941
- Gundershein v. Bradley-Mahony Coal Corp.New York Court of Appeals · 1946
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3Cited by6 opinions
- In re the Estate of HortonAppellate Division of the Supreme Court of the State of New York · 1976
- Feeter v. Van Scott Bros.New York Supreme Court · 1973
- In re the Estate of StewartNew York Surrogate's Court · 1981
- Lazarus v. Yorkview Theater Corp.New York Supreme Court · 1973
- Matter of QyraAppellate Division of the Supreme Court of the State of New York · 2020
1 more not listed; retrieve them via the Exa API.