In re the Estate of Van Voorhees
New York Surrogate's Court
March 14, 1907, a petition was filed by Mary P. Dater, as executrix, etc., of Urias Dater, alleging herself to he a creditor of the estate of Melbern Van Voorhees, deceased, and praying for a judicial settlemen of the account of said Wetsell and Bryer, -administrators, etc., of said Melbern, and that they he cited to- show cause why they should not settle their account and pay petitioner’s claim.
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March 14, 1907, a petition was filed by Mary P. Dater, as executrix, etc., of Urias Dater, alleging herself to he a creditor of the estate of Melbern Van Voorhees, deceased, and praying for a judicial settlemen of the account of said Wetsell and Bryer, -administrators, etc., of said Melbern, and that they he cited to- show cause why they should not settle their account and pay petitioner’s claim. On the same day a similar petition was filed by the Manufacturer’s Bank of Cohoes, N. Y., also claiming to be a creditor and asking similar relief. The petitions did not disclose the amount or nature…
1Opinion of the Court
Ostrander, S.
The prayers of the petitions are two-fold.
1. That Melbern’s representatives render an account, a proceeding under section 2726 of the Code.
2. That they be directed to pay petitioner’s claim, a proceeding under section 2722, Code.
Either proceeding may be set in motion by a creditor, and neither petitioner has any standing in this matter, except as a creditor.
As a defense to both branches of the petition, it is claimed by the representatives of Melbern that the claims are barred by the Statute of Limitations, and that the remedies are similarly barred even though the claims had…
2Cases cited8 opinions
- Schutz v. . MoretteNew York Court of Appeals · 1895
- In Re the Estate of RogersNew York Court of Appeals · 1897
- In Re the Estate of CallahanNew York Court of Appeals · 1897
- Hall v. . BrennanNew York Court of Appeals · 1893
- In re the Estate of MillerNew York Surrogate's Court · 1896
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3Cited by3 opinions
- In re the Judicial Settlement of Account of Proceedings of The National Commercial Bank & Trust Co.New York Surrogate's Court · 1926
- In re the Account of Proceedings of TharpNew York Surrogate's Court · 1920
- In re the Judicial Settlement of the Accounts of FingarNew York Surrogate's Court · 1917