Legal Opinion

Keller v. Stuck

New York Surrogate's Court

Decided March 15, 1880PublishedCited by 12 opinions

Application on the part oí the administratrix for a final accounting, and also to prove a claim which she makes against the estate of the intestate. The petition showed that the next-of-kin of the intestate are her sister, the petitioner, and a nephew a-nd a niece, both of full age, whose residences are unknown to the petitioner, and have been for over fourteen years.

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Application on the part oí the administratrix for a final accounting, and also to prove a claim which she makes against the estate of the intestate. The petition showed that the next-of-kin of the intestate are her sister, the petitioner, and a nephew a-nd a niece, both of full age, whose residences are unknown to the petitioner, and have been for over fourteen years. The citation to attend on the final accounting, and also on the proving of the claim of the administratrix, was served on the said nephew and niece by publication; neither appeared. The claim was for attending and nursing the…

1Opinion of the Court

The Surrogate.—Before the claim of the administratrix can be paid, it must be proved to and allowed by the Surrogate. (2 R. S., 88, § 33.) That means that it must be established by legal proof. It cannot, therefore, be proved by the testimony of the administratrix herself. (Code, § 829 ; Jacques v. Elmore, 7 Hun, 675; Matter of Kelly, 1 Tucker, 28.) Much less can it be proved by her affidavit, taken under the provisions of 2 R. S., 88, § 35. (Williams v. Purdy, 6 Paige, 166 ; Clarke v. Clarke, 8 Id., 152.) And I can see no room for claiming that no proof need be offered as against parties not…

2Cases cited6 opinions

  1. McCartee v. CamelNew York Court of Chancery · 1846
  2. Kellett v. RathbunNew York Court of Chancery · 1833
  3. Williams v. PurdyNew York Court of Chancery · 1836
  4. Bowen v. BowenNew York Surrogate's Court · 1853
  5. Maltby v. Harwood & WellsNew York Supreme Court · 1852

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In re the Estate of BarcNew York Surrogate's Court · 1941
  2. In re the Estate of MatthewsNew York Surrogate's Court · 1912
  3. Czech v. Bean, New York County Courts1901
  4. In re the Estate of Van ValkenburghNew York Surrogate's Court · 1937
  5. In re the Judicial Settlement of the Account of the Proceedings of LannonNew York Surrogate's Court · 1911

7 more not listed; retrieve them via the Exa API.

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