Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Curtis

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 1919PublishedCited by 6 opinions

Appeal by the claimant, Mary O. Curtis, from so much of a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 21st day of June, 1918, as denies the appellant a preference in the payment of her claim. An appeal is also taken, as stated in the notice of appeal, from the decision of the surrogate.

1Opinion of the Court

Smith, J.:

Mary O. Curtis was, at one time, the wife of Philip Curtis. She procured a judgment against him for divorce, by which he was required to pay to her $250 a month alimony. At the time of his death there was due and unpaid of said alimony $17,675. The estate amounted to about $9,000. The claims against the estate, exclusive of her claim, amount to over $50,000. If her claim for preference be allowed, her claim will absorb all of the estate. In Thayer v. Thayer (145 App. Div. 268), wherein the plaintiff had procured a judgment against the defendant granting to her alimony which was…

2Cases cited3 opinions

  1. Thayer v. ThayerAppellate Division of the Supreme Court of the State of New York · 1911
  2. In re the Judicial Settlement of the Accounts of WilliamsAppellate Division of the Supreme Court of the State of New York · 1912
  3. In re DonovanAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by6 opinions

  1. In re the Estate of SchnirmanNew York Surrogate's Court · 1938
  2. Snow v. SnowAppellate Division of the Supreme Court of the State of New York · 1959
  3. In re the Estate of McCoyNew York Surrogate's Court · 1935
  4. Gough v. FrostNew York Supreme Court · 1947
  5. In re the Estate of BernsteinNew York Surrogate's Court · 1960

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