Legal Opinion

In re the Estate of Irvin

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1902PublishedCited by 21 opinions

Appeal by Mary M. Irvin, as surviving executrix, etc., of Richard Irvin, Jr., deceased, from ah order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 2d day of December, 1901, directing her to file an account of the proceedings of Richard Irvin, Jr., as executor of the last will and testament of Alexander P. Irvin, deceased. The petition upon which this proceeding was begun was filed August 2, 1901.

1Opinion of the Court

Laughlin, J.:

This is a proceeding under the provision of section 2606 of the Code of Civil Procedure, by a residuary legatee of Alexander P„ *159Irvin, to require the executrix of his executor to file an account of the proceedings of the deceased executor. The authority of the court to make the order for an accounting is challenged upon the ground that the.Statute of Limitations has run against the rights of the petitioner as a residuary legatee, and that, therefore, she is not a "person interested in the estate ” within the meaning of the section of the Code to which reference has been made.

The…

2Cases cited10 opinions

Butler v. . JohnsonNew York Court of Appeals · 1888
Matter of Petition of CampNew York Court of Appeals · 1891
In Re the Estate of RogersNew York Court of Appeals · 1897
In Re the Judicial Settlement of the Account of MoehringNew York Court of Appeals · 1897
Perkins v. . StimmelNew York Court of Appeals · 1889

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

In re the Estate of BarabashNew York Court of Appeals · 1972
In re the Estate of AshheimAppellate Division of the Supreme Court of the State of New York · 1906
Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915
Hart v. GoadbyAppellate Division of the Supreme Court of the State of New York · 1910
In re the Estate of MeyerAppellate Division of the Supreme Court of the State of New York · 1904

16 more not listed; retrieve them via the Exa API.