Matter of Application of Haxtun
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made September 12, 1884, which reversed a decree of the surrogate of the county of Dutchess, adjudging the estate of Sarah E. Akin to be indebted to the petitioning creditor above named in a sum specified, and directing the sale of the decedent’s real estate for the payment of her debts. (Mem. of decision below, 33 Hun, 364.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made September 12, 1884, which reversed a decree of the surrogate of the county of Dutchess, adjudging the estate of Sarah E. Akin to be indebted to the petitioning creditor above named in a sum specified, and directing the sale of the decedent’s real estate for the payment of her debts. (Mem. of decision below, 33 Hun, 364.) The material facts are stated in the opinion. A Surrogate’s Court has jurisdiction to try a claim which has been disputed by an executor in a proceeding .instituted by a…
1Opinion of the CourtFinch, J.
We must assume that the decree of the surrogate was reversed by the General Term for errors of law, since the order of reversal does not certify that it was based upon errors of fact. (Code, § 1337; Matter of Will of Cottrell, 95 N. Y. 329, 333.) The errors of law alleged are two: first, that the petitioner’s claim was disputed by the executor, arid the surrogate had no jurisdiction to determine its validity; and second, that the claim was barred because no action upon it had been commenced within six months after its rejection.
It is undoubtedly the settled rule that a surrogate may not…
2Cases cited3 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Tucker v. TuckerNew York Court of Appeals · 1868
- Whitmore v. FooseCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by19 opinions
- Matter of RobertsNew York Court of Appeals · 1915
- In Re the Estate of CunniffNew York Court of Appeals · 1936
- In re Strickland's EstateNew York Surrogate's Court · 1889
- In re PirieAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Judicial Settlement of the Accounts of HavensNew York Surrogate's Court · 1894
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