In re Darling's Estate

New York Supreme Court

In re Darling's Estate

13 N.Y.S. 783, 1891 N.Y. Misc. LEXIS 1675

DecidedFebruary 11, 1891

StatusPublished

This text of 13 N.Y.S. 783 (In re Darling's Estate) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Darling's Estate, 13 N.Y.S. 783, 1891 N.Y. Misc. LEXIS 1675 (N.Y. Super. Ct. 1891).

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Opinion

Barnard, P. J.

An executor or administrator cannot pay the assets to the next of kin in advance of the final settlement. If he do so, and there be costs and charges put upon the estate in an action where the executor or administrator failed to recover, the statute of limitation is no defense to an accounting by the administrator or executor. The executor may be even bound by the statute as between himself-and the heir or next of kin; but it has no relevancy to the petitioners’ claim to be paid out of the estate. The judgment should be reversed, and a new trial granted, costs to abide event.

All concur.

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Barnard, P. J.

An executor or administrator cannot pay the assets to the next of kin in advance of the final settlement. If he do so, and there be costs and charges put upon the estate in an action where the executor or administrator failed to recover, the statute of limitation is no defense to an accounting by the administrator or executor. The executor may be even bound by the statute as between himself-and the heir or next of kin; but it has no relevancy to the petitioners’ claim to be paid out of the estate. The judgment should be reversed, and a new trial granted, costs to abide event.

All concur.

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Bluebook (online)

13 N.Y.S. 783, 1891 N.Y. Misc. LEXIS 1675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-darlings-estate-nysupct-1891.