Kidd v. Chapman & Daniels
New York Court of Chancery
This was an appeal from a decree of the surrogate of the county of Rensselaer. In January, 1838, the respondents, Chapman and Daniels, recovered a judgment against A. Kidd, which was docketed on the 25th of the same month. Kidd died a few days afterwards, possessed of a large personal estate, and the appellants M. and J. Kidd, proved his will and took out letters testamentary thereon, as his executrix and executor.
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This was an appeal from a decree of the surrogate of the county of Rensselaer. In January, 1838, the respondents, Chapman and Daniels, recovered a judgment against A. Kidd, which was docketed on the 25th of the same month. Kidd died a few days afterwards, possessed of a large personal estate, and the appellants M. and J. Kidd, proved his will and took out letters testamentary thereon, as his executrix and executor. The judgment was for about $156; and the inventory of the personal estate of the decedent exceeded $20,000. Soon after, letters testamentary were granted to the appellants, and…
1Opinion of the Court
The Chancellor.
There is no foundation for the objection that the claim was barred, by the neglect of the respondents to bring a suit on their judgment within six months after it was presented to the executor for payment. The statute, (2 R. S. 89, § 38,) provides that if a claim against the estate of the decedent is exhibited to the executor or administrator and the same is disputed or rejected, and shall not "be referred, the claimant shall bring his suit within "six months, for the recovery thereof, or shall be barred from ever recovering the same. But it would be a gross perversion of the…
2Cases cited1 opinion
- Elliot v. Cronk'sNew York Supreme Court · 1834
3Cited by12 opinions
- Magee v. VedderNew York Supreme Court · 1849
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
- In re the Judicial Settlement of the Accounts of Mutual Trust Co.New York Surrogate's Court · 1920
- Martine's EstateNew York Surrogate's Court · 1882
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