In Re the Judicial Settlement of the Estate of Martin
New York Court of Appeals
Appeal from an order of the Appellate Division of • the Supreme Court in the third judicial department, entered January 12, 1914, affirming so much of a decree of the Delaware County Surrogate’s Court as directed the executors to-pay to the respondents $206.Y6in full for all claims which they might have against the estate of Polly L. Martin, deceased, and the further sum of $250 for costs and allowances in the proceeding.
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Appeal from an order of the Appellate Division of • the Supreme Court in the third judicial department, entered January 12, 1914, affirming so much of a decree of the Delaware County Surrogate’s Court as directed the executors to-pay to the respondents $206.Y6in full for all claims which they might have against the estate of Polly L. Martin, deceased, and the further sum of $250 for costs and allowances in the proceeding. The facts, so far as material, are stated in the opinion. No consent having been filed with the surrogate within six months after rejection of the claim, the bar of section…
1Opinion of the CourtCollin, J.
The record presents primarily the question whether or not the Surrogate’s Court had jurisdiction to determine the validity of the claim of the respondents.
The executors rejected the claim on March 1, 1911. Subsequently claimants and the executors entered into a writing, dated April 25, 1911, which, after reciting the rejection of the claim, proceeded: “It is hereby agreed and consented, by and between the parties that the said action may and shall be submitted to- the Surrogate of the County of Delaware for hearing and determination by him upon the judicial settlement of the accounts of said…
2Cases cited5 opinions
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- McNulty v. . HurdNew York Court of Appeals · 1878
- Tucker v. TuckerNew York Court of Appeals · 1868
- In Re the Estate of CallahanNew York Court of Appeals · 1897
- Clark v. . ScovillNew York Court of Appeals · 1908
3Cited by11 opinions
- In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
- In re StarbuckAppellate Division of the Supreme Court of the State of New York · 1927
- In re the Estate of HeinzeAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
- In re the Estate of VenblowAppellate Division of the Supreme Court of the State of New York · 1956
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