Legal Opinion

Field v. . Field

New York Court of Appeals

Decided May 20, 1879PublishedCited by 18 opinions

Appeal from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, granting the plaintiff his costs in this action. This action was brought upon a claim for services and expenses in boarding and caring for defendant’s testatrix.

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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, granting the plaintiff his costs in this action. This action was brought upon a claim for services and expenses in boarding and caring for defendant’s testatrix. The claim was presented to the executor and rejected, and, as plaintiff’s affidavit showed, defendant had refused to refer before the publication by him of notice to creditors to present their claims. The claim presented to the executor and annexed to the complaint contained a charge for an…

1Opinion of the Court

Church, Ch. J.

There is nothing in the statute requiring that a claim must be presented to executors, and a refusal to refer made during the publication of the notice to creditors, to entitle a plaintiff to costs.

Claims may be presented at' any time after the executors qualify and enter upon the discharge of their duties, and while they are entitled to a reasonable time to examine and decide upon the justice of claims presented, when they do decide, even though no notice has been published, the effect of their decision is the same as though the claim was pre- • sented after publication. The…

2Cases cited2 opinions

  1. Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Russell v. LaneNew York Supreme Court · 1847

3Cited by18 opinions

  1. Branch v. LambertOregon Supreme Court · 1922
  2. Minick v. . City of TroyNew York Court of Appeals · 1881
  3. Denise v. . DeniseNew York Court of Appeals · 1888
  4. McCann v. PennieCalifornia Supreme Court · 1893
  5. Carter v. . BeckwithNew York Court of Appeals · 1887

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