In re Brown
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Saratoga county. Proceeding by Schuyler C. Brown to compel an accounting by Susanna L. Clapp, as administratrix, etc., of Cornelius Fonda, deceased. From the order directing the accounting, defendant appeals
1Opinion of the CourtSmith, J.
This appeal presents the single question whether, under section 1822 of the Code of Civil Procedure a creditor must file his consent to a hearing of the claim before the surrogate within six months after the rejection, to save the claim from the short statute of limitations. The facts are conceded. After the rejection of the claim by the defendant, her consent, under section 1822, was duly filed within the six months. The creditor, however, did not file his consent until fourteen months after the rejection, and now comes to the surrogate as a creditor of the estate, and demands an accounting.…
2Cases cited2 opinions
- In Re the Estate of CallahanNew York Court of Appeals · 1897
- Flynn v. DiefendorfNew York Supreme Court · 1889
3Cited by1 opinion
- Orange County Trust Co. v. Williams & ConlonAppellate Division of the Supreme Court of the State of New York · 1913