Legal Opinion

Salomon v. Heichel

New York Surrogate's Court

Decided December 15, 1885PublishedCited by 1 opinion

Hearing of objections interposed by Harris Salomon, a judgment creditor of decedent, to an inventory of the estate, filed by Josephine Heichel, the administratrix. The facts appear in the opinion.

1Opinion of the Court

The Surrogate.

Counsel for a creditor of this decedent objects to the inventory lately filed by the administratrix, upon the ground that the appraisement of the assets of decedent’s estate was made without the previous posting of notice required by E. S., part 2, ch. 6, tit. 3, § 3 (3 Banks, 7th ed., 2294). If such posting may be dispensed with, without impairing the validity of the inventory, why may not also the giving notice to the next of kin or the taking of an oath by the appraisers, and any and all other requirements of the statute ? The appraisement is invalid (Estate of Scofield, N.…

2Cases cited6 opinions

  1. Tucker v. TuckerNew York Court of Appeals · 1868
  2. Lambert v. . CraftNew York Court of Appeals · 1885
  3. Kidd v. Chapman & DanielsNew York Court of Chancery · 1847
  4. Whitmore v. FooseCourt for the Trial of Impeachments and Correction of Errors · 1845
  5. Broderick v. SmithNew York Supreme Court · 1870

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3Cited by1 opinion

  1. Wintermeyer v. SherwoodNew York Supreme Court · 1894

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