Mead v. Jenkins
New York Surrogate's Court
The claim of the petitioner was rejected by this court in an earlier stage of the matter (4 Redf., 369), as being barred by the statute of limitations. That decision was finally reversed (95 N. Y. 31), and the matter remitted to this court.
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The claim of the petitioner was rejected by this court in an earlier stage of the matter (4 Redf., 369), as being barred by the statute of limitations. That decision was finally reversed (95 N. Y. 31), and the matter remitted to this court. It appears that, on the accounting of the administrators, Mary E. Jenkins and Stephen W. Sherwood, it was stated, in the account of proceedings, in regard to this claim, as follows: ' “ George W. Mead’s claim $1,000 and interest; he has some collateral security, and has compromised as to his demand against the personal estate at $500, reserving his right…
1Opinion of the Court
The Surrogate.
I think the fact that a decree was made on accounting in October, 1877, fixing the amount due to Mead at $500, and according to him a pro rata share of the personal estate, on that basis, and which was paid to and receipted for by him, precludes him, in this proceeding, from the recovery of a larger sum. It is true, the administrators stated, in their account of proceedings, that he had presented a claim for $1,000 and interest, but had some collateral security, and had compromised as to his demand against the personal estate at $500, reserving his right to go against the real…
2Cases cited3 opinions
- Mead v. . JenkinsNew York Court of Appeals · 1884
- Skidmore v. RomaineNew York Surrogate's Court · 1852
- Mead v. SherwoodNew York Surrogate's Court · 1879