In re the Judicial Settlement of the Accounts of Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by Eliza T. Williams, claimant, from a decree of the Surrogate’s Court of the county of Monroe, entered in said -Surrogate’s Court on the 21th day of September, 1909, disallowing and rejecting her claim as a creditor against the estate of William Williams, deceased.
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Appeal by Eliza T. Williams, claimant, from a decree of the Surrogate’s Court of the county of Monroe, entered in said -Surrogate’s Court on the 21th day of September, 1909, disallowing and rejecting her claim as a creditor against the estate of William Williams, deceased. The claim of appellant Eliza T. Williams which was disallowed by the surrogate, arises upon the following facts: She was formerly the wife of the deceased William Williams and they resided in the city of Rochester in this State. In 1892 Williams established or claimed to have established a residence in the State of South…
1Opinion of the Court
Foote, J.:
It appears from the decision of the surrogate that Mrs. Williams, the claimant, first presented to the executors a claim under the South Dakota decree; that the executors rejected this claim, and that thereupon Mrs. Williams brought her action in Supreme Court to establish the claim; this, we presume, upon the theory that it would be otherwise barred by the short Statute of Limitations. The executors pleaded in bar of this action the former judgment recovered by Mrs. Williams in this court in 1894 against their testator. This plea was held to be good, and in the opinion written upon…
2Cases cited4 opinions
- Lynde v. . LyndeNew York Court of Appeals · 1900
- McNulty v. . HurdNew York Court of Appeals · 1878
- United States v. EdmondstonSupreme Court of the United States · 1901
- In re Lyman's EstateNew York Supreme Court · 1891
3Cited by3 opinions
- Bruton v. TearleCalifornia Supreme Court · 1936
- In re the Judicial Settlement of the Account of Proceedings of CurtisAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of McCoyNew York Surrogate's Court · 1935