Legal Opinion
In re the Estate of Kelly
New York Surrogate's Court
Decided April 25, 1934PublishedCited by 4 opinions
1Opinion of the Court
Wingate, S.
On this application to confirm the report of a referee, the sole issue of moment is as to whether an alleged creditor of the estate whose claim matured more than six years prior to the death of the decedent and thus falls within the disability of section 48 of the Civil Practice Act, has succeeded in bringing himself within the exception of section 59 by showing a written acknowledgment of the debt or has successfully demonstrated a partial payment by the debtor on account thereof. '
The claimant unquestionably made a loan of $5,500 to the decedent on or about November 13, 1925. His…
2Cases cited17 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Sokoloff v. National City BankNew York Court of Appeals · 1928
- Reilly v. . BarrettNew York Court of Appeals · 1917
- Wakeman v. . ShermanNew York Court of Appeals · 1853
- Sokoloff v. National City BankNew York Supreme Court · 1927
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3Cited by4 opinions
- Stream v. CBK Agronomics, Inc.New York Supreme Court · 1974
- In re the Estate of SonnenthalNew York Surrogate's Court · 1963
- Layman v. LaymanSupreme Court of Virginia · 1938
- Thornton Burns Owners, Inc. v. NavasAppellate Terms of the Supreme Court of New York · 2003