Legal Opinion

In re Strickland's Estate

New York Surrogate's Court

Decided April 10, 1889PublishedCited by 4 opinions

Code Civil Proe. Y. Y. § 2743, which provides for a decree for payment of claims and distribution of shares after the accounts of a personal representative have been allowed, prescribes that if a claim is not disputed, or if its validity has been established, the decree shall determine the amount of it, and to whom it is payable.

1Opinion of the Court

Spring, S.

Cliauncey Abbey presented a claim of about $3,000 to the administrator of Dan A. Strickland, deceased, and the same was allowed by him. Upon the judicial settlement of the account of the said administrator, objections thereto were filed, and particularly to the claim of the said Abbey. The counsel for the administrator objects to the trial and consideration of such claim, on the ground that it involves the trial of a disputed claim, over which the surrogate’s court has no jurisdiction. After a thorough search, I am unable to find that this precise question has been determined by the…

2Cases cited18 opinions

  1. Boughton v. . FlintNew York Court of Appeals · 1878
  2. Shakespeare v. . MarkhamNew York Court of Appeals · 1878
  3. In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
  4. McMaster v. . the State of New YorkNew York Court of Appeals · 1888
  5. Gardner v. GardnerNew York Court of Chancery · 1838

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3Cited by4 opinions

  1. In re PerryNew York Surrogate's Court · 1893
  2. In re McCabe's EstateNew York Surrogate's Court · 1891
  3. In re McCabeNew York Surrogate's Court · 1891
  4. In re the Estate of WarrinNew York Surrogate's Court · 1899

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