Legal Opinion
In re the Estate of Rubin
New York Surrogate's Court
Decided April 19, 1962PublishedCited by 1 opinion
1Opinion of the Court
S. Samuel Di Falco, S.
In a prior decision in this contested accounting proceeding (30 Misc 2d 790), the court ruled that the claim filed by a hospital was valid and enforcible against the estate, credit having been extended by the claimant to the wife and not to the husband. The estate had rejected the claim on the ground that it was not a valid obligation of the decedent; it raised no claim of equitable .setoff against the husband. The present application is for permission to the executor to set off against the husband’s legacy, the hospital bill (which has now been paid) and also the…
2Cases cited8 opinions
- Manufacturers Trust Co. v. GrayNew York Court of Appeals · 1938
- In re McVicarAppellate Division of the Supreme Court of the State of New York · 1931
- Third National Bank v. GuentherNew York Court of Appeals · 1890
- In re the Judicial Settlement of the Account of StadtmullerAppellate Division of the Supreme Court of the State of New York · 1905
- Watkins v. BrownAppellate Division of the Supreme Court of the State of New York · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hafner v. Security Pacific National BankNew York Supreme Court · 1987