Tucker v. Tucker
New York Court of Appeals
This is an appeal from a judgment of the Supreme Court in the 8th district, reversing a decree of the surrogate of Erie county which denied the application of the respondent to have the real estate of defendants’ intestate sold for the payment of his debts. It appears from claimant’s petition that on the 27th of April, 1855, Jedediah Woodard and Clarissa Tucker were appointed administrator and administratrix of the estate of Samuel Tucker, deceased.
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This is an appeal from a judgment of the Supreme Court in the 8th district, reversing a decree of the surrogate of Erie county which denied the application of the respondent to have the real estate of defendants’ intestate sold for the payment of his debts. It appears from claimant’s petition that on the 27th of April, 1855, Jedediah Woodard and Clarissa Tucker were appointed administrator and administratrix of the estate of Samuel Tucker, deceased. That February 6th, 1857, the respondent presented her claim duly verified to the administratrix, who, on being asked what she had to say to it,…
1Opinion of the CourtMiller, J.
The claim of the appellants, at the time of the final account, was disputed within the meaning of the statute. When it was presented to the administrator, it was *148not admitted, and it appears that at one time the administratrix said she had no right to pay it, and at another, the administrator said there was fraud in the claim, and he was opposed to paying it. Upon the accounting, the demand was presented and its allowance opposed. Evidence was given in support of it, and it was disallowed by the surrogate. If it was not a disputed claim, where was the occasion for a contest % Why was it…
2Cases cited3 opinions
- Magee v. VedderNew York Supreme Court · 1849
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
- Whitmore v. FooseCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by42 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Riggs v. . CraggNew York Court of Appeals · 1882
- McNulty v. . HurdNew York Court of Appeals · 1878
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
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