In re the Petition of Kipp
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry B. Wesselman, temporary administrator, etc., of Charlotte Miller, deceased, from an order of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 26th day of December, 1901, referring the matter to .a referee to take proof as to the claim of the petitioner and to report the same to the court with his opinion thereon.
1Opinion of the Court
Van Brunt, P. J.:
The services were performed and the materials furnished for which this claim is made on or about the 19th of March, 1901, and the claim was presented to the temporary administrator on the 17th of June, 1901; and, pursuant to the authority conferred by section 2729 of the Code of Civil Procedure, as amended by chapter 293 of the Laws of 1901, which went into effect September 1, 1901, the Surrogate’s Court on the 26th of December, 1901, made the order in question.
It is objected by the appellant that the holder of a claim for funeral expenses is not a creditor, nor a person…
2Cited by7 opinions
- In re StarrAppellate Division of the Supreme Court of the State of New York · 1935
- In re YeannakopoulosAppellate Division of the Supreme Court of the State of New York · 1921
- In re SladeNew York Supreme Court · 1943
- Dalton v. Van DienNew York Supreme Court · 1972
- In re KalbfleischAppellate Division of the Supreme Court of the State of New York · 1903
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