In re the Judicial Settlement of the Account of Stein
Appellate Division of the Supreme Court of the State of New York
Appeal by Simon N. Stein, as executor, etc., from an order of the Surrogate’s Court of Monroe county, entered in the office of said Surrogate’s Court on the 29th day of July, 1921, directing a trial by jury of the controverted questions of fact arising in this proceeding upon the claim of Julius S. Berkman.
1Opinion of the Court
Clark, J.:
In December, 1918, claimant, Julius S. Berkman, presented a verified claim against the estate of Louis N. Stein, deceased, for $81,461.01 and, as claimed by respondent, it was for professional services rendered deceased under a contract. In April, 1919, the executor rejected the claim by written notice served on the claimant and he, at the same time, offered to try the issues raised by the verified claim and its rejection in writing, the trial to be had on the judicial settlement of the estate.
More than a year elapsed and nothing was done by the executor toward settling the estate…
2Cases cited2 opinions
- Trotter & Douglass v. MillsNew York Supreme Court · 1831
- In re the Judicial Settlement of the Accounts of BeerAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by9 opinions
- Matter of BoyleNew York Court of Appeals · 1926
- In re the Estate of LuriaNew York Surrogate's Court · 1970
- In re the Estate of GarfieldNew York Court of Appeals · 1964
- In re the Estate of BeareNew York Surrogate's Court · 1924
- In re for Letters of Administration on the Goods, Chattels & Credits of HamiltonAppellate Division of the Supreme Court of the State of New York · 1927
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