Clark v. . Scovill
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 9, 1907, affirming a judgment in favor of defendants entered upon a verdict directed hy the court. The plaintiff is in the possession of a promissory note of ten thousand dollars dated February 1st, 1900, payable to her order one year after date, which she alleges was executed by the defendants’ testator and delivered to her a few days before his death.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 9, 1907, affirming a judgment in favor of defendants entered upon a verdict directed hy the court. The plaintiff is in the possession of a promissory note of ten thousand dollars dated February 1st, 1900, payable to her order one year after date, which she alleges was executed by the defendants’ testator and delivered to her a few days before his death. The testator’s will was duly proven and letters testamentary thereon were duly issued to the defendants. On September…
1Opinion of the CourtChase, J.
The plaintiff having duly presented her claim against the estate of the decedent to the executors of his will, and the executors having duly rejected the claim, and in the notice of rejection offered to refer the same, there was open to her three ways, by any one of which she could have proceeded to establish her claim: (1) She could have accepted the executors’ offer to refer the same and joined with them in an agreement in writing to refer the matter in controversy to one or more disinterested persons to be approved by the surrogate, and upon filing such agreement and approval in the office…
2Cited by11 opinions
- Clark v. . ScovillNew York Court of Appeals · 1910
- In Re the Judicial Settlement of the Estate of MartinNew York Court of Appeals · 1914
- Van Ness v. . KenyonNew York Court of Appeals · 1913
- In re the Estate of MallinNew York Surrogate's Court · 1932
- Cahill v. WissnerAppellate Division of the Supreme Court of the State of New York · 1918
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