People v. Barnes
New York Supreme Court
This was an action of debt on an administrator’s bond, tided at the Erie circuit in March, 1831, before the Hon. Addison Gaedinee, one of the circuit judges.
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This was an action of debt on an administrator’s bond, tided at the Erie circuit in March, 1831, before the Hon. Addison Gaedinee, one of the circuit judges. It was shown that the administratrix in this cause was cited to appear before the surrogate, on the application of a creditor of the estate to appear and render an account; that she did appear and render an account, but failing to account for certain articles of household furniture, valued in the inventory of the estate at $187 51 cts. the surrogate made an order permitting the creditor to prosecute the arbitration bond. The defendants…
1Opinion of the Court
By the Court,
Nelson, J.
The plaintiffs were rightfully nonsuited, having failed to prove sufficient within the requirements of the revised statutes to sustain a recovery.
*493After the expiration of 18 months from the time of his appointment, an administrator may be required to render an account by an order of the surrogate, on the application of a ere-ditor, legatee or next of kin of the intestate. 2 R. S. 92, § 52. ° # •* On the rendition of such account, if it shall appear to the surrogate that any part of the estate remains to be paid or distributed, he shall makea decree for the payment or…
2Cited by9 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- People v. FalconerThe Superior Court of New York City · 1848
- Annett v. KerrThe Superior Court of New York City · 1864
- People ex rel. Meyer v. HartmanThe Superior Court of New York City · 1870
- Pope v. MooneySupreme Court of Missouri · 1867
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