In re Sargent
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the petitioner, Amos L. Sargent, and by Margaret H. Bradley, as administratrix, etc., of George Bradley, deceased, from an order of the Surrogate’s Court of the county of Washington, entered in said Surrogate’s Court on the 21st day of November, 1898, denying the application of the petitioner to compel the administrators to account for their proceedings as to the personal property of their intestate, and directing them to account for the moneys received by…
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Cross-appeals by the petitioner, Amos L. Sargent, and by Margaret H. Bradley, as administratrix, etc., of George Bradley, deceased, from an order of the Surrogate’s Court of the county of Washington, entered in said Surrogate’s Court on the 21st day of November, 1898, denying the application of the petitioner to compel the administrators to account for their proceedings as to the personal property of their intestate, and directing them to account for the moneys received by them from" the real estate disposed of under the decree of said Surrogate’s Court for the sale of the decedent’s real…
1Opinion of the Court
Herrick, J.:
It appears from the petition of the administrator and administratrix that, some time on or prior.to November 1, 1890, they had allowed and adjusted the claim of the petitioner upon the note. .
That adjustment and allowance of the claim fixed a new period from which the statute would commence to run as against such demand, and in the absence of any evidence as to when, the claim was in fact allowed, I think we must fix the date of such allowance as of the time when the petition was presented to the Surrogate’s *304Court; if it was allowed at' an earlier period the person seeking to set…
2Cases cited2 opinions
- In Re the Estate of RogersNew York Court of Appeals · 1897
- Evans v. . ClevelandNew York Court of Appeals · 1878
3Cited by4 opinions
- In re Judicial Settlement in the Estate of PrinceNew York Surrogate's Court · 1907
- In re the Estate of WoodNew York Surrogate's Court · 1939
- In re RiesAppellate Division of the Supreme Court of the State of New York · 1919
- Forry v. MickleSupreme Court of Oklahoma · 1937