Legal Opinion

In re the Estate of McGillicuddy

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1920PublishedCited by 4 opinions

Appeal by the claimant, Louis A. Cramer, from that portion of a decree of the Surrogate’s Court of the county of Rockland, entered in the office of said surrogate on the 14th day of December, 1918, which rejected and disallowed the first claim made by the claimant.

1Opinion of the Court

Mills, J.:

The claim as urged at the trial consisted of three items, viz.:(a) For a balance of $3,631.50, represented by a certain written instrument furnished to the claimant by the deceased on August 10, 1913, as due from him to the claimant out of certain joint operations of theirs as contractors under the name of Mack Brothers.(b) For the sum of $2,000 loaned by the claimant to the decedent on August 25, 1914; and(c) For a further sum of $400 loaned by claimant to the decedent.

By stipulation the parties agreed that the entire claim should be tried by the surrogate upon the final…

2Cases cited3 opinions

  1. Tousey v. . HastingsNew York Court of Appeals · 1909
  2. In Re the Accounting of ShermanNew York Court of Appeals · 1919
  3. Tousey v. HastingsAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by4 opinions

  1. In re the Judicial Settlement of the Account of EnneverNew York Surrogate's Court · 1921
  2. In re the Transfer Tax upon the Estate of KolbNew York Surrogate's Court · 1921
  3. Schneider v. SwarteleAppellate Division of the Supreme Court of the State of New York · 1933
  4. In re the Judicial Settlement of the Account of Du FlonAppellate Division of the Supreme Court of the State of New York · 1931

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