Legal Opinion
In re the Estate of Clonan
New York Surrogate's Court
Decided May 28, 1941PublishedCited by 7 opinions
1Opinion of the Court
Taylor, S.
By reason of the insolvency of this estate there is presented the question of whether the claim of the public welfare commissioner for relief furnished to the decedent is preferred over general creditors. As matter of procedure this problem will be determined as a preliminary question for the reason that if the claim of the commissioner is allowed, as presented, the estate will be exhausted and there will be no need to take proof of the other claims.
The pertinent statute is section 128 of the Public Welfare Law (now Social Welfare Law, § 104, effective March 1, 1941), which provides…
2Cases cited13 opinions
- United States v. StewartSupreme Court of the United States · 1940
- White v. United StatesSupreme Court of the United States · 1938
- McDonald v. ThompsonSupreme Court of the United States · 1938
- Betz v. HorrNew York Court of Appeals · 1937
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Estate of AndrewsNew York Surrogate's Court · 1942
- In re the Estate PierceNew York Surrogate's Court · 1984
- In re the Accounting of PollardNew York Surrogate's Court · 1958
- In re the Estate of HermanNew York Surrogate's Court · 1964
- In re the Estate of NifenegerNew York Surrogate's Court · 1941
2 more not listed; retrieve them via the Exa API.