In re Nicholls
New York Surrogate's Court
Application by Mark A. Nicholls as executor of a bondsman of Dorothy Lull, administratrix, to compel her to account as such administratrix. The administrators interposed an answer, setting up the Statute of Limitations as a bar to the right of petitioner to call the administratrix to account, and to this answer the petitioner demurred.
1Opinion of the Court
A. K. Potter, County Judge, acting as Surrogate.
This is a special proceeding instituted by the petitioner, Mark A. Nicholls, to compel the administratrix to render her final account.
Mrs. Lull was appointed administratrix of her husband’s estate, April 19, 1869.
Silas H. Marks became one of her sureties on the bond given by her as administratrix at the time. Marks has since died, and the petitioner is executor of his will, and instituted this proceeding under section 2726 of the Code.
No account has ever been rendered by the administratrix.
A petition having been filed and a citation issued…
2Cases cited3 opinions
- Loder v. . HatfieldNew York Court of Appeals · 1877
- In re the judicial settlement of the account of DunhamNew York Surrogate's Court · 1889
- Leroy v. BayardNew York Surrogate's Court · 1855
3Cited by2 opinions
- In re Goetschius' EstateNew York Surrogate's Court · 1893
- In re the Estate of BarnesNew York Surrogate's Court · 1898