Burnett v. Noble
New York Surrogate's Court
Motion to confirm referee’s report on accounting of the executor of the will of decedent. Exceptions to the report were filed on behalf of the executor and of the contestant, as follows : The executor filed exceptions, among others, (1) to the disallowance of an item of $10, for services rendered in removing furniture for decedent in the year 1865. The claim being barred by the statute of limitations, before the death of decedent, the auditor found, as matter of law, that…
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Motion to confirm referee’s report on accounting of the executor of the will of decedent. Exceptions to the report were filed on behalf of the executor and of the contestant, as follows : The executor filed exceptions, among others, (1) to the disallowance of an item of $10, for services rendered in removing furniture for decedent in the year 1865. The claim being barred by the statute of limitations, before the death of decedent, the auditor found, as matter of law, that the executor could not by his admissions revive it. (2) To the disallowance of so much of his claim against the estate, as…
1Opinion of the Court
The Surrogate.
The first and. second exceptions, so far as they raise the question of statutory bar, should be overruled, for the more recent authorities, in this State, at least, hold that the statute of limitations is a complete bar, which the executor has no right to waive; that it is his duty to interpose the statute as a defense; and that the payment of a barred claim cannot be credited to him, on his accounting (Bloodgood v. Bruen, 8 N. Y., 362 ; Bucklin v. Chapin, 1 Lans., 443).
In McLaren v. McMartin (36 N. Y., 88), it was held, that the mere fact of a partial payment by an executor or…
2Cases cited9 opinions
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Davis v. . GortonNew York Court of Appeals · 1857
- Bucklin v. ChapinNew York Supreme Court · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- In re the Estate of YoungNew York Surrogate's Court · 1915
- In re Howard's EstateNew York Surrogate's Court · 1893
- In re Estate of LambertonOhio Probate Court · 1942
- In re the Estate of PhelpsNew York Surrogate's Court · 1966
3 more not listed; retrieve them via the Exa API.