In re the Judicial Settlement of the Estate of Martin
Appellate Division of the Supreme Court of the State of New York
Appeal by the Orange County Trust Company, as surviving executor and trustee under the last will and testament of Polly L. Martin, deceased, from so much of the final decree of the Surrogate’s Court of Delaware county, entered in said Surrogate’s Court on the 26th day of February, 1912, as directs the payment to Williams & Conlon, claimants, of the sum of $206.76 in full of all claims against the estate of the decedent, and the sum of $250 for costs and allowances.
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Appeal by the Orange County Trust Company, as surviving executor and trustee under the last will and testament of Polly L. Martin, deceased, from so much of the final decree of the Surrogate’s Court of Delaware county, entered in said Surrogate’s Court on the 26th day of February, 1912, as directs the payment to Williams & Conlon, claimants, of the sum of $206.76 in full of all claims against the estate of the decedent, and the sum of $250 for costs and allowances. Decree of the Surrogate’s Court affirmed, with costs. All concurred, except Kellogg and Woodward, JJ., dissenting, the latter in…
1Opinion of the Court
Woodward, J. (dissenting):
There is no dispute that on the 27th day of January, 1911, the respondents, Williams & Conlon, served upon the executors the claim in question, amounting to $241.56, for services alleged to have been rendered to the deceased between the 14th day of July, 1897, and August, 1907. This claim was rejected by the executors by a notice in writing, which was served upon one of the members of the firm of Williams & Conlon on the 1st day of March, 1911. On the 25th day of April, 1911, a consent in writing was signed by the executors and claimants, agreeing and consenting by…
2Cases cited3 opinions
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- Schutz v. . MoretteNew York Court of Appeals · 1895
- In re BrownAppellate Division of the Supreme Court of the State of New York · 1902