Legal Opinion
In re the Judicial Settlement of the Estate of Wait
New York Surrogate's Court
Decided October 15, 1902PublishedCited by 1 opinion
Proceedings upon the judicial settlement of the account of an administrator.
1Opinion of the Court
Heaton, S.
A decree of this court made Novemher 15, 1883, in favor of Sarah M. Wait, widow of J. A. Wait, directing her husband, as executor of her father’s estate, to pay over to her certain money, is presented as a claim against the estate of J. A. Wait on the final accounting. The administrator rejects the claim and refuses to refer it or consent that it may be determined by the surrogate, and files a verified answer which he claims raises issues which this court has no jurisdiction to try.
■ Has the surrogate jurisdiction to try the issues? The decree presented is in effect a judgment,…
2Cases cited6 opinions
- In Re the Accounting of UnderhillNew York Court of Appeals · 1889
- McNulty v. . HurdNew York Court of Appeals · 1878
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- In re CorbettNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Application for Judicial Settlement of the Account of Proceedings of HoesAppellate Division of the Supreme Court of the State of New York · 1918