In Re the Judicial Settlement of the Accounts of Kendrick
New York Court of Appeals
Appeal by Edward B. Wesley, a creditor, from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 22, 1887, which affirmed, so far as appealed from, a decree of the surrogate of the county of New York, on settlement of the accounts of Benjamin H. Kendrick as administrator of the, estate of Edward E. Kendrick, deceased. The proceedings were instituted upon the petition of said administrator.
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Appeal by Edward B. Wesley, a creditor, from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 22, 1887, which affirmed, so far as appealed from, a decree of the surrogate of the county of New York, on settlement of the accounts of Benjamin H. Kendrick as administrator of the, estate of Edward E. Kendrick, deceased. The proceedings were instituted upon the petition of said administrator. The contest was between judgment-creditors, Edward B. Wesley presented as a' claim against the estate a. judgment against the intestate…
1Opinion of the CourtRapallo, J.
The appellant, Edward B. Wesley, claimed before the surrogate on the final settlement of the accounts of the administrator, to be a judgment creditor of the intestate, and, as such, entitled to payment in preference to other creditors. The surrogate decided that the judgment under which the appellant claims, having been recovered more than twenty years before, must, under the statute, be conclusively presumed to have been paid, and on that ground rejected the claim.
The judgment was recovered by Wesley against Edward E. Kendrick, the intestate, on the 29th of May, 1863. Kendrick died January…
2Cases cited4 opinions
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Wakeman v. . ShermanNew York Court of Appeals · 1853
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Defreest v. . WarnerNew York Court of Appeals · 1885
3Cited by16 opinions
- Petito v. PiffathNew York Court of Appeals · 1994
- Lynford v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Estate of SonnenthalNew York Surrogate's Court · 1963
- Swinley v. ForceNew Jersey Court of Chancery · 1910
- In re the Estate of MillerNew York Surrogate's Court · 1896
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