In re the Estate of Robinson
New York Surrogate's Court
1Opinion of the Court
S. Samuel Di Falco, S.
The former wife of the testator presented a claim to the executrix based upon a separation agreement that was later approved in the divorce decree. The executrix rejected that claim. The petitioner now asks the court to direct the executrix to file her account. Under existing pro*44cedure — partly revealed in the statute and partly worked out by judicial decisions (see 1963 Beport of Temporary State Commission on the Law of Estates, Beport No. 5.1B) — this rather complex procedure is the only one available to the holder of a rejected claim. (Matter of Puc, 37 Misc 2d 351,…
2Cases cited4 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- McCarthy v. PieretNew York Court of Appeals · 1939
- In Re the Accounting of SegallNew York Court of Appeals · 1941
- In re the Estate of PucNew York Surrogate's Court · 1962
3Cited by2 opinions
- In re the Estate of ThomsNew York Surrogate's Court · 1973
- In re Estate of LupoliAppellate Division of the Supreme Court of the State of New York · 2004