Legal Opinion
In re the Estate of Schenck
New York Surrogate's Court
Decided August 3, 1970PublishedCited by 5 opinions
1Opinion of the Court
Pierson R. Hildreth, S.
This is an accounting of an executrix in which objections have been filed by a creditor.
Decedent was killed in an accident on March 7, 1968. The executrix is his surviving wife, and she is the sole beneficiary under his will. The total value of his estate as shown by the account is $24,804.56. Claims of creditors which have been allowed together with funeral and administration expenses exceed $38,000. Thus the estate is insolvent and general claims will abate pro rata.
Objections to the account were filed by Bank of Commerce, a creditor whose claim of $3,095.87 has been…
2Cases cited8 opinions
- In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
- Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Pratt v. . FooteNew York Court of Appeals · 1854
- Glennan v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913
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3Cited by5 opinions
- First National Bank, Martinsville v. American Fletcher National Bank & Trust Co.Indiana Court of Appeals · 1985
- In re the Estate of HolmbergAppellate Division of the Supreme Court of the State of New York · 1994
- United States v. Sonal, Inc.District Court, S.D. New York · 1983
- Cirar v. Bank of HartshorneSupreme Court of Oklahoma · 1977
- Fnb Martinsville v. Am. Fletcher Nb & T.Indiana Court of Appeals · 1985