Legal Opinion

In re the Estate of Williams

New York Surrogate's Court

Decided January 15, 1908PublishedCited by 2 opinions

Application for an accounting under section 2727 of the Code of Civil Procedure.

1Opinion of the Court

Sexton, S.

This is an application under section 2727 of the Code of Civil Procedure, by a daughter of the deceased, for an order compelling the administrator to render and settle his account in this estate.

The answer to the petition admits that Milton H. Williams was appointed administrator March 7, 1891, and has not since accounted. It then alleges that the petitioner was fully paid more than eleven years ago and that the Statute of Limitations Is a bar to a compulsory accounting.

An allegation of payment amounts to a denial of interest. This is not fatal to the application, as a mere…

2Cases cited7 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Matter of Petition of CampNew York Court of Appeals · 1891
  3. In re the Estate of AshheimAppellate Division of the Supreme Court of the State of New York · 1906
  4. In Re the Estate of AshheimNew York Court of Appeals · 1906
  5. In re the Estate of MeyerAppellate Division of the Supreme Court of the State of New York · 1904

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3Cited by2 opinions

  1. In re the Estate of BeardNew York Surrogate's Court · 1931
  2. In re the Estate of WestlakeAppellate Division of the Supreme Court of the State of New York · 1916

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