Legal Opinion
In re Estate of Denberg
New York Surrogate's Court
Decided May 25, 1971PublishedCited by 2 opinions
1Opinion of the Court
S. Samuel DiFaloo, S.
During the course of a hearing set by this court pursuant to prior decisions herein, the executor-petitioner moved the court to dismiss his own petition on the ground that the court does not have jurisdiction of the subject *509matter. The executor was afforded an opportunity to make a formal motion. That motion is the subject of this decision.
This is a proceeding pursuant to SCPA 1809 brought by the executor for the determination of the validity of a possible claim. Prior to the institution of the proceeding, the claim was never formally presented to the executor. The…
2Cases cited11 opinions
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Matter of LasakNew York Court of Appeals · 1892
- In re the Judicial Settlement of the Account of CoombsAppellate Division of the Supreme Court of the State of New York · 1918
- In Re the Accounting of HearnsNew York Court of Appeals · 1915
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3Cited by2 opinions
- In re the Estate of DeitchNew York Surrogate's Court · 1978
- In re the Estate of GregoryNew York Surrogate's Court · 1980