Hitchcock v. Marshall
New York Surrogate's Court
Stephen S. Marshall, the administrator of John Hitchcock, a deceased intestate, filed, on May 23d, 1873, his petition for a final settlement of his account, and a citation was duly issued and served accordingly,, and on September 24th, 1873, his accounts were filed,'by which it appeared that the disributive share of George Walker, one of the children of the deceased, amounted to 8-71 47. A decree was accordingly proposed by the proctor for the administrator, by which the…
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Stephen S. Marshall, the administrator of John Hitchcock, a deceased intestate, filed, on May 23d, 1873, his petition for a final settlement of his account, and a citation was duly issued and served accordingly,, and on September 24th, 1873, his accounts were filed,'by which it appeared that the disributive share of George Walker, one of the children of the deceased, amounted to 8-71 47. A decree was accordingly proposed by the proctor for the administrator, by which the administrator was to pay the said sum of $671.47 to the said George Hitchcock, and also provided that he should pay the…
1Opinion of the Court
The Surrogate.
I think this court has no power to adjudicate the question as to which of the claimants, if either, is entitled to the distributive share of George *176Hitchcock. I am farther of opinion that it cannot properly recognise an assignee of a distributive share, legacy, or other interest in an estate, even where no question arises as to the validity of the assignment.
By section 57, 3 R. S. 178 (5th Ed.), it is provided that an executor or administrator may be required to account, by an order to be granted by the Surrogate, upon application from some person having a demand against the…
2Cited by7 opinions
- Haskin v. TellerNew York Surrogate's Court · 1878
- Leviness v. CassebeerNew York Surrogate's Court · 1879
- Strong v. StrongNew York Surrogate's Court · 1879
- Fraenznick v. MillerNew York Surrogate's Court · 1883
- In re FortuneNew York Surrogate's Court · 1884
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