In re the Estate of Michelson

Foley, S.(1) The motion of the ancillary administrator to strike out the amended objections to the account filed by the creditor, on the ground that they set forth “ causes of action ” which are not the same as stated in the claim theretofore filed with him as representative of the estate, is denied. I hold that a notice of claim presented to a representative is not a pleading. It is merely a formal notice required by the statute to be given to a representative, setting forth the claimant’s demand against the estate. (Matter of Gentry, 139 Misc. 759, 767.) As stated in Matter of Morton (58 N.…