Kearney v. . McKeon
New York Court of Appeals
Appeal from judgment of the General Term*of the Supreme Court, in the first judicial department, entered upon an order made November 6, 1879, which affirmed a decree of the surrogate of the county of New York, rejecting a claim of the appellant against the estate of Michael McKeon, of whose will the appellant was executor, and awarding costs against him.
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Appeal from judgment of the General Term*of the Supreme Court, in the first judicial department, entered upon an order made November 6, 1879, which affirmed a decree of the surrogate of the county of New York, rejecting a claim of the appellant against the estate of Michael McKeon, of whose will the appellant was executor, and awarding costs against him. The claim was for moneys of the executor alleged to have been in the hands of the testator and to have been loaned by him without authority; it was contested by the legatees under the will. The surrogate referred the matter to a referee to…
1Opinion of the CourtFinch, J.
We see no reason to doubt the jurisdiction of the surrogate in making the order of reference. The executor’s claim against the estate, which he represeiited, could only become effective upon its proof and allowance by the surrogate, and the proceeding was -instituted by the executor primarily for that purpose. (2 R. S. 88, § 33.) If the general authority permitting the surrogate upon an accounting of executors and administrators to send the ease to an auditor, for hearing the proofs and reporting his conclusions for the action of the surrogate (3 R. S. [6th ed.] 102, § 78), has no application…
2Cases cited3 opinions
- Noyes v. . Children's Aid SocietyNew York Court of Appeals · 1877
- First National Bank v. . TamajoNew York Court of Appeals · 1879
- Lain v. LainNew York Court of Chancery · 1843
3Cited by59 opinions
- In re the Judicial Settlement of the Account of DoleAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Judicial Settlement of the Account of FurnissAppellate Division of the Supreme Court of the State of New York · 1903
- Genet v. WillockAppellate Division of the Supreme Court of the State of New York · 1904
- Hughes v. DavenportAppellate Division of the Supreme Court of the State of New York · 1896
- Porter v. RhoadesAppellate Division of the Supreme Court of the State of New York · 1900
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