Legal Opinion
In re the Estate of Steinway
New York Surrogate's Court
Decided June 22, 1940PublishedCited by 3 opinions
1Opinion of the Court
Foley, S.
Under the will of Henry W. T. Steinway, a legacy of $10,000 was given to J. George Grill, who has assigned it to the petitioner in this proceeding instituted to compel payment of the legacy. Against this legacy the executors seek to set off a debt of $3,800 which Mr. Grill owed to the testator. By concession of counsel, the only question for determination is whether this counterclaim of the estate is barred by the Statute of Limitations.
The surrogate holds that the setoff against the legacy is valid and effective. He also specifically holds that the claim asserted as a setoff is not…
2Cases cited22 opinions
- Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
- National Surety Co. v. RuffinNew York Court of Appeals · 1926
- Belloc v. DavisCalifornia Supreme Court · 1869
- Moline Plow Co. v. WebbSupreme Court of the United States · 1891
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3Cited by3 opinions
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- First National Bank v. Royal MarcherNew York Supreme Court · 1942
- Grand Island Central School District v. Transcom Equipment Corp.New York Supreme Court · 1985