In re Filley's Estate
New York Surrogate's Court
A decree having been made on the petition of a creditor of Marcus L. Filley, deceased, requiring the executor to give a penal bond in the sum of $32,000 or, in default, be removed from his office, the executor, Marcus L. Filley, Jr., made a motion requiring the creditor, Horace Staples, to show cause why the penalty should not be reduced to $8,000. Denied.
1Opinion of the Court
Lansing, S.
The first question for examination is the objection that section 780, Code Civil Pro-., which provides for shortening the time for notice of motion to less than eight days by an order to show cause, etc., is not made applicable to the Surrogate’s Court; and subdivisions 4, 6, section 3347, of the Code, are cited in support of the position. I am inclined to think that section 780 is not directly made applicable to the Surrogate’s Court. This section contains the general Code provisions upon the subject of time of notice of motion, and provides it shall be eight days, unless, etc. If…
2Cases cited10 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
- Knolls v. . BarnhartNew York Court of Appeals · 1877
- In Re the Accounting of CornellNew York Court of Appeals · 1888
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3Cited by3 opinions
- In re Proving the Last Will & Testament of GoriNew York Surrogate's Court · 1927
- In re KalmowitzNew York Surrogate's Court · 1929
- In re the Estate of PiersonNew York Surrogate's Court · 1932