Legal Opinion
In re the Estate of Horton
New York Surrogate's Court
Decided October 11, 1977PublishedCited by 2 opinions
1Opinion of the Court
Edward M. Horey, S.
The proceeding before the court is for the determination of the validity of a claim asserted against the estate of a decedent who during his life was the beneficiary of a substantial testamentary trust.
The petition is brought by the executor of the estate of the deceased trust beneficiary. It seeks determination of the validity of the asserted claim in advance of judicial settlement. While such procedure is not generally available to a claimant against an estate, it is specifically authorized to be instituted by the executor or an administrator of an estate. (See SCPA 1809,…
2Cases cited12 opinions
- Spencer v. SpencerAppellate Division of the Supreme Court of the State of New York · 1899
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- Pope v. HeckscherNew York Court of Appeals · 1934
- Grubel v. . NassauerNew York Court of Appeals · 1913
- In re LawAppellate Division of the Supreme Court of the State of New York · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Diners Club, Inc. v. MakoujyCivil Court of the City of New York · 1981
- People's National Bank v. HitchcockNew York Supreme Court · 1980