Legal Opinion
In re the Estate of Ludlam
New York Surrogate's Court
Decided April 10, 1957PublishedCited by 1 opinion
1Opinion of the Court
John D. Bennett, S.
This is an application for an order striking out a demand for a jury trial served by the respondent. One of the executors in this estate asserts a claim against the decedent for legal services rendered to him during his lifetime. Because of the requirements of subdivision 4 of section 212 of the Surrogate’s Court Act, he and his coexecutor instituted this proceeding under section 209 of the Surrogate’s Court Act, to prove the ‘ ‘ debt owing to him by the decedent ’ ’. As to this method of procedure the Appellate Division (Matter of Ludlam, 283 App. Div. 1111) held: “ The…
2Cases cited13 opinions
- Claim of Marcellus v. Estate of MarcellusNew York Court of Appeals · 1900
- In re FlanaganNew York Surrogate's Court · 1929
- In Re the Accounting of NicholsNew York Court of Appeals · 1940
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Matter of BoyleNew York Court of Appeals · 1926
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3Cited by1 opinion
- In re the Estate of GarfieldNew York Court of Appeals · 1964