Wilder v. Keeler
New York Court of Chancery
This was a creditor’s bill for the settlement and administration of the real and personal estate of Gilbert F. Lush, deceased ; and the usual decree was entered for an account of the estate and for the creditors to come in and prove their demands. Under this decree debts were proved before the master to an amount far exceeding the funds belonging to the estate.
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This was a creditor’s bill for the settlement and administration of the real and personal estate of Gilbert F. Lush, deceased ; and the usual decree was entered for an account of the estate and for the creditors to come in and prove their demands. Under this decree debts were proved before the master to an amount far exceeding the funds belonging to the estate. After the filing of the report and the confirmation thereof, with the exception of some particular parts to which objections had been taken and argued before the court, J. Wright, one of the complainants, purchased and took an…
1Opinion of the Court
The Chancellor.
By the practice of the English court of chancery it appears to be a matter of course to permit a creditor to come in and prove his debt at any time before the fund is actually distributed and paid oilt; upon a sufficient excuse shown for not coming in before the master in due season, and upon payment of all the costs which have been produced by the delay. In such case, however, he must pay the expense of proving his debt before the master. In the case of Angell v. Hadden, (1 Mad. Rep. 529,) Sir Thomas Plumer permitted a creditor to come in and prove his debt, after the money…
2Cited by14 opinions
- Powell v. NolanWashington Supreme Court · 1902
- Kerr v. . BlodgettNew York Court of Appeals · 1871
- Day v. BuckinghamWisconsin Supreme Court · 1894
- Cowen v. FaileyIndiana Supreme Court · 1898
- Harris v. ClarkNew York Supreme Court · 1854
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