Legal Opinion

In re Hewitt

New York Surrogate's Court

Decided September 16, 1960Published

1Opinion of the Court

John D. Bennett, S.

This is an accounting proceeding in which a hearing has been held regarding the claim of one Ella Joyce Gentry in the amount of $2,500.

At the hearing Ella Joyce Gentry produced a check signed by the decedent, dated June 5,1951, drawn to cash and indorsed on the back by the claimant. This check is stamped 1 ‘ Payment Stopped”, and the clearinghouse stamp on the back is dated September 18,1951.

The decedent died May 22, 1954. Notice of this claim was given to the estate July 19, 1957. The executor rejected the claim.

On these facts the claimant rested, relying solely upon them…

2Cases cited4 opinions

  1. Dinlay v. McCullaghNew York Supreme Court · 1895
  2. In re the Accounting of MulliganNew York Surrogate's Court · 1953
  3. In re the Accounting of JenningsAppellate Division of the Supreme Court of the State of New York · 1955
  4. In re the Accounting of SamuelsNew York Surrogate's Court · 1957

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