Legal Opinion
In re the Estate of Schwarzmann
New York Surrogate's Court
Decided July 30, 1940PublishedCited by 4 opinions
1Opinion of the Court
Wingate, S.
The court understands from the memoranda of the parties that the sole question presented for present decision is whether it is permissible to set off obligations owing by distributees of a deceased legatee against the legacy due to the latter. No direct or pertinent authority has been cited to the court on the question, although the general conception respecting the subject is, as stated in Beecher v. Vogt Mfg. Co. (227 N. Y. 468, 473), that “ Debts, to be applied against each other, must be mutual. * * * To be mutual they must be due to and from the same persons in the same…
2Cases cited9 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Pardee v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- Bushe v. WrightAppellate Division of the Supreme Court of the State of New York · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- King v. LasherDistrict Court, S.D. New York · 1983
- In re the Estate of SullivanNew York Surrogate's Court · 1941
- In re the Estate of ProffenNew York Surrogate's Court · 1940
- Cohen v. HandelmanCivil Court of the City of New York · 1970