In Re the Estate of Callahan
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered June 27, 1895, which affirmed a decree of the Surrogate’s Court of Hew York county, made December 3, 1894, oil the final settlement of the account of the executrix of John Callahan, deceased, which, among other things, directed the payment of the claim of one Louisa Leach against his estate.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered June 27, 1895, which affirmed a decree of the Surrogate’s Court of Hew York county, made December 3, 1894, oil the final settlement of the account of the executrix of John Callahan, deceased, which, among other things, directed the payment of the claim of one Louisa Leach against his estate. John Callahan died April 13, 1889, leaving a will whereby he gave his entire estate to Mary A. McGuire, whom he appointed sole executrix, and to whom letters testamentary were issued May 24th, 1889.…
1Opinion of the Court
Andrews, Ch. J.
The sole question on this appeal relates to the jurisdiction of the surrogate to adjudge, on the accounting of the executrix of John Callahan, the payment of the claim of Louisa Leach out of the estate. The claim was based upon his refusal to complete his purchase of the house and lot Mo. 681 Eleventh avenue in the city of Mew York, made at public auction on the 4th day of December, 1889. The direction for the payment of the claim is contained in the decree of the surrogate, made on the final settlement of the accounts of the executrix. The power and duty of a surrogate to…
2Cases cited3 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Schutz v. . MoretteNew York Court of Appeals · 1895
- McNulty v. . HurdNew York Court of Appeals · 1878
3Cited by18 opinions
- In Re the Judicial Settlement of the Estate of MartinNew York Court of Appeals · 1914
- Holly v. . GibbonsNew York Court of Appeals · 1903
- In re the Final Judicial Settlement of the Accounts of PiersonAppellate Division of the Supreme Court of the State of New York · 1897
- In re WhiteheadAppellate Division of the Supreme Court of the State of New York · 1899
- In re BrownAppellate Division of the Supreme Court of the State of New York · 1902
13 more not listed; retrieve them via the Exa API.