In re McCabe's Estate
New York Surrogate's Court
Proceeding for the settlement of the accounts of Margaret McCabe as administratrix of the estate of Thomas McCabe, deceased.
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Proceeding for the settlement of the accounts of Margaret McCabe as administratrix of the estate of Thomas McCabe, deceased. The schedule of the account filed by the administratrix alleged that Thomas A. Durning, one of the next of kin of decedent, had assigned his interest in the estate to Hosannah Hughes; and Durning objected to the account on the ground, among others, that the assignment was without consideration, and was procured to be executed by him by means of false and fraudulent representations, and was therefore void.
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 has, by his own act, ceased to have any interest in the estate, he cannot contest the account, and 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. How, if this court has no power to try the question as to the validity of the assignment, then this proceeding must be…
2Cases cited8 opinions
- Bevan v. . CooperNew York Court of Appeals · 1878
- 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
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
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3Cited by2 opinions
- In re the Judicial Settlement of the Accounts of HavensNew York Surrogate's Court · 1894
- Marshall v. BeachNew York Supreme Court · 1893