In re Miller
New York Surrogate's Court
Application by a creditor, fco compel the administrator, Henry J. Cullen, Jr., to account and pay the creditor’s claim. The administrator instituted certain proceediugs against the creditor to collect an alleged claim against him', which proceedings resulted in an order in favor of the administrator. An appeal from that-order was taken by the creditor to the General Term and the judgment was reversed, with costs to be paid out of the estate.
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Application by a creditor, fco compel the administrator, Henry J. Cullen, Jr., to account and pay the creditor’s claim. The administrator instituted certain proceediugs against the creditor to collect an alleged claim against him', which proceedings resulted in an order in favor of the administrator. An appeal from that-order was taken by the creditor to the General Term and the judgment was reversed, with costs to be paid out of the estate. On appeal to the court of appeals by the administrator, the order of the general term was affirmed, with costs, also payable out of the estate. The…
1Opinion of the Court
The Surrogate.—The objection to the payment of the funeral expenses must be overruled. They were paid long before the creditor’s claim arose, and there is no evidence to show that they were unreasonably large. It makes no difference that they were first paid by the son of the deceased;' the law implies a promise on the part of the administrator having assets in his hands to reimburse him. (Dayton on Surrogate, 285; McCue v. Garvey, 14 Hun, 562.)
The objection to the expenses incurred in the legal proceedings against the creditor must also be overruled. These proceedings were brought in good…
2Cases cited2 opinions
- Fox v. FoxNew York Supreme Court · 1860
- Hunt v. ConnorNew York Supreme Court · 1864
3Cited by1 opinion
- Hildebrand v. KinneyIndiana Supreme Court · 1909