In re the Judicial Settlement of the Accounts of Doig
Appellate Division of the Supreme Court of the State of New York
Appeal by Ferdinand R. Bain from a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 21st day of December, 1907, denying his motion to vacate a decree theretofore entered herein, as to him, and for leave to file objections to the accounts of the administrators.
1Opinion of the Court
Houghton, J. :
The appellant presented a claim against the estate of Robert McCafferty, deceased, and when the respondent administrators presented their accounts to the surrogate for judicial settlement they set forth that the claim had been rejected in writing, and that more than six months had expired without reference or action, and hence that it was barred by the short Statute of Limitations as provided by section 1822 of the Code of Civil Procedure.
Citation was issued to appellant, who appeared, and he claims that it was understood between himself and the attorneys for the administrators…
2Cases cited6 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- In Re the Final Accounting of SelleckNew York Court of Appeals · 1888
- Matter of FlynnNew York Court of Appeals · 1892
- Pew v. HastingsNew York Court of Chancery · 1846
- In Re the Estate of MilesNew York Court of Appeals · 1902
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