In re Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by Susannah. I. Clapp, administratrix, etc., of Cornelius Fonda, deceased, from an order of the Surrogate’s Court of Saratoga county, entered in said Surrogate’s Court on the 14th day of July,' 1902, directing the said Susannah I. Clapp to render and file an account of her proceedings as such administratrix.
1Opinion of the Court
Smith, J. :
• This appeal presents the single question whether, under section 1822 of the Code of Civil Procedure, a creditor must file his consent to a hearing of the claim before the surrogate within six months after the rejection to save the claim from the short Statute of Limitations. The facts are conceded. After the rejection of the claim by the defendant, her consent under section 1822 was duly filed within the six months. The creditor, however, did not file his consent until fourteen months after the rejection, and now comes to the surrogate as a creditor of. the estate and demands an…
2Cases cited3 opinions
- In Re the Estate of CallahanNew York Court of Appeals · 1897
- Cornes v. . WilkinNew York Court of Appeals · 1879
- The National Bank of Fishkill v. . SpeightNew York Court of Appeals · 1872
3Cited by3 opinions
- Van Ness v. KenyonNew York Supreme Court · 1912
- In re the Judicial Settlement of the Estate of MartinAppellate Division of the Supreme Court of the State of New York · 1913
- Orange County Trust Co. v. Williams & ConlonAppellate Division of the Supreme Court of the State of New York · 1913