In re Estate of Longbotham
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, James F. Longbotham, from an order of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 8th day of February, 1899, .dismissing the proceedings instituted by the petitioner to compel an accounting by Joseph 0. Longbotham, as administrator, etc., of Sarah E. Longbotham, deceased.
1Opinion of the Court
Goodrich, P. J. :
In Matter of Taylor (30 App. Div. 213) we held, in an opinion written by the present writer, that where funds had come into the hands of an administratrix, for which she had never accounted, and she had not publicly and officially renounced her trust, the Statute of Limitations had not commenced to run in her favor. In our consideration of that case we overlooked Matter of Rogers (153 N. Y. 316) where it was held that a proceeding to-compel an administrator to account is controlled by the ten-year Statute of Limitations applicable to suits in equity.
The orderly administration…
2Cases cited2 opinions
- In Re the Estate of RogersNew York Court of Appeals · 1897
- In re the Judicial Settlement of the Estate of TaylorAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- In re the Estate of IrvinAppellate Division of the Supreme Court of the State of New York · 1902
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Estate of BeardNew York Surrogate's Court · 1931
- In re the Judicial Settlement of the Estate of KirkpatrickNew York Surrogate's Court · 1894
- In re Estate of SmithAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.