Duncan v. Guest
New York Surrogate's Court
Motion to amend a decree rendered on the judicial settlement of administrator’s account. The decedent died intestate in 1878, leaving, among other next of kin, entitled to the personal estate, Isaac B. Guest. In 1880, he duly assigned his distributive share to Charlotte W. Guest, his wife.
Read the full summary
Motion to amend a decree rendered on the judicial settlement of administrator’s account. The decedent died intestate in 1878, leaving, among other next of kin, entitled to the personal estate, Isaac B. Guest. In 1880, he duly assigned his distributive share to Charlotte W. Guest, his wife. He was then owing some debts, which his creditors, David Duncan and others, sought to recover by attaching, in the hands of the administrators, the share so assigned, claiming that the assignment was fraudulent and void. Mrs. Guest, as assignee, was a party to this proceeding, the object of which was to…
1Opinion of the Court
The Surrogate.
An opportunity is now offered for the proper consideration of the point discussed, which was not presented when the decree complained of was made.
I think it quite clear that the creditors of a distributee are not proper parties before me on an accounting. *442Only creditors of the decedent, or those claiming to be such, can appear or be heard. Section 2743 of the Code enumerates the classes of persons among whom can be decreed the distribution of the funds of the estate, and creditors of a distributee are not named among them. Section 2745 declares in what cases the decree must…
2Cited by6 opinions
- In re KennyNew York Surrogate's Court · 1915
- In re the Estate of RiegelNew York Surrogate's Court · 1937
- In re the Judicial Settlement of the Account of Proceedings of LinkinsAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Judicial Settlement of the Account of CollmarNew York Surrogate's Court · 1913
- In re the Accounting of ColeNew York Surrogate's Court · 1958
1 more not listed; retrieve them via the Exa API.