Legal Opinion

In re the Judicial Settlement of the Account of Browne

New York Surrogate's Court

Decided June 15, 1901PublishedCited by 1 opinion

Proceedings upon tbe judicial settlement of tbe accounts of an .administratrix.

1Opinion of the Court

Abbott, S.—

Tbis court bas already decided that a judgment recorded against an intestate in bis lifetime is not a claim' .wbicb may be rejected and referred witbin tbe eon-' temptation of sections 1822 and 2718 of tbe Code of Civil Procedure. It is a debt tbe validity of wbicb bas been estab*275lished by a “court of competent jurisdiction.” § 2743; McNulty v. Hurd, 72 N. Y. 518. The validity of the debt having been established, it is the duty of this court to determine “ to whom1 it is payable, the sum to be paid by reason thereof and all other questions concerning the.same.” § 2743.

Among the…

2Cases cited4 opinions

  1. Marshall v. . DaviesNew York Court of Appeals · 1879
  2. McNulty v. . HurdNew York Court of Appeals · 1878
  3. Bangs v. . StrongNew York Court of Appeals · 1850
  4. Alden v. ClarkNew York Supreme Court · 1855

3Cited by1 opinion

  1. In re the Judicial Settlement of the Estate of WaitNew York Surrogate's Court · 1902

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