Claim of Clark v. Estate of Hyland
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Margaret E. Clark, from a decree of the Surrogate’s Court of the county of Livingston, entered in said Surro-. gate’s Court on the 18th day of June, 1902, disallowing a claim filed, by the appellant against the estate of John Hyland, deceased.
1Opinion of the Court
Williams, J.:
The decree should be reversed, with costs of this appeal.
The appellant held a note alleged to have been given her by deceased in his lifetime for $10,000, and made claim therein against the estate. The executors refused to allow the claim on the ground that it was not a genuine, but a forged, note. The claimant and the executors made and filed with the surrogate their written consent that the claim might be heard and determined by the surrogate upon the judicial settlement of the accounts of the executors pursuant to statute. There have never been any proceedings instituted for…
2Cases cited3 opinions
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- McNulty v. . HurdNew York Court of Appeals · 1878
- In re the Judicial Settlement of the Accounts of EdmondsAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by6 opinions
- In re the Estate of MallinNew York Surrogate's Court · 1932
- Clark v. ScovillAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Judicial Settlement of the Account of the of the Will of AldenNew York Surrogate's Court · 1912
- Rositzke v. MeyerAppellate Division of the Supreme Court of the State of New York · 1916
- In re Alden's WillNew York Surrogate's Court · 1912
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