In re McCabe
New York Surrogate's Court
In the matter of the judicial settlement of the accounts of Margaret McCabe, as administratrix, etc., of Thomas McCabe, deceased, the next of kin of deceased were the following nephew and nieces: Thomas A. Burning, Margaret McCabe, administratrix; Rosannah Hughes and Annie L. Bryan. ■ In a schedule of the account, the administratrix alleged that Annie L. Bryan and Burning had severally assigned their respective interests in the estate to said Rosannah Hughes, and the alleged…
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In the matter of the judicial settlement of the accounts of Margaret McCabe, as administratrix, etc., of Thomas McCabe, deceased, the next of kin of deceased were the following nephew and nieces: Thomas A. Burning, Margaret McCabe, administratrix; Rosannah Hughes and Annie L. Bryan. ■ In a schedule of the account, the administratrix alleged that Annie L. Bryan and Burning had severally assigned their respective interests in the estate to said Rosannah Hughes, and the alleged assignment of. Burning is referred to in, and annexed to, the account. Burning appeared and objected, among other…
1Opinion of the Court
Coffin, S.
At the threshold of this matter lies the question as to the contestant’s right to appear, and hence, whether this court has any power to try and determine the validity of the alleged assignment of his share in the estate. For if he have, by his own act, ceased to have any interest in the estate, he cannot contest the account; *61and if, on the contrary, the assignment should prove to be void for any reason, then his objections to the same must be heard and determined.
Now if this court has no power to try the question as to the validity of the assignment, then this proceeding must be…
2Cases cited33 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- Purdy v. . HaytNew York Court of Appeals · 1883
- In re the Estate of WagnerNew York Court of Appeals · 1890
- Riggs v. . CraggNew York Court of Appeals · 1882
- Sanders v. . SoutterNew York Court of Appeals · 1891
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3Cited by1 opinion
- In re EngelbrechtAppellate Division of the Supreme Court of the State of New York · 1897