Underhill v. Newburger
New York Surrogate's Court
Motion to confirm the three reports of the referee, to whom the accounts of the administrator (with the will annexed) of decedent, were referred to examine. By his first report, the referee disallowed the personal claim of the administrator for legal services claimed to have been rendered by him to the decedent in his lifetime, amounting to the sum of $930.13, “for want,” he states, “of sufficient and proper proof in support of the same.”
Read the full summary
Motion to confirm the three reports of the referee, to whom the accounts of the administrator (with the will annexed) of decedent, were referred to examine. By his first report, the referee disallowed the personal claim of the administrator for legal services claimed to have been rendered by him to the decedent in his lifetime, amounting to the sum of $930.13, “for want,” he states, “of sufficient and proper proof in support of the same.” The referee allowed the claim of S. A. Underhill against decedent for $185.79, and states that the claim “ was duly served upon the administrator herein, on…
1Opinion of the Court
The Surrogate.—The exception of the administrator to the disallowance of his personal claim against the estate should be overruled, for the reason that no proof was given to justify its allowance.
*503By section 43, 3 R. S., 96 (6 eel.), it is provided that none of the decedent’s property shall be retained by an executor or administrator to satisfy Ms debt or claim, until it shall have been proved to, and allowed by, the Surrogate.
It is quite evident that when the statute requires the claim to be proved, it contemplates the same proof which, is required to prove any other claim against the estate,…
2Cases cited4 opinions
- Tucker v. TuckerNew York Court of Appeals · 1868
- Williams v. PurdyNew York Court of Chancery · 1836
- In re JonesNew York Surrogate's Court · 1846
- Cooper v. FelterNew York Supreme Court · 1872
3Cited by9 opinions
- Lambert v. . CraftNew York Court of Appeals · 1885
- In re the Estate of MarkowitzNew York Surrogate's Court · 1934
- In re Judicial Settlement in the Estate of PrinceNew York Surrogate's Court · 1907
- In re ChildsNew York Surrogate's Court · 1893
- Martine's EstateNew York Surrogate's Court · 1882
4 more not listed; retrieve them via the Exa API.