In re the Estate of Palmer

Appellate Division of the Supreme Court of New York

In re the Estate of Palmer

157 A.D. 929, 142 N.Y.S. 1133

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1913·Published

Opinion

The answer of the executor is not sufficient to oust the surrogate of jurisdiction under section 2272 of the Code of Civil Procedure.* (Matter of Macaulay, 94 N. Y. 574.) We are of opinion that justice requires that the claim should be paid forthwith, with interest from its maturity, and the decree of the Surrogate’s Court of Westchester comity is modified accordingly, and as so modified affirmed, without costs. Jenks, P. J., Burr, Carr, Rich and Putnam, JJ., concurred.

Footnotes

Free access — add to your briefcase to read the full text and ask questions with AI

The answer of the executor is not sufficient to oust the surrogate of jurisdiction under section 2272 of the Code of Civil Procedure.* (Matter of Macaulay, 94 N. Y. 574.) We are of opinion that justice requires that the claim should be paid forthwith, with interest from its maturity, and the decree of the Surrogate’s Court of Westchester comity is modified accordingly, and as so modified affirmed, without costs. Jenks, P. J., Burr, Carr, Rich and Putnam, JJ., concurred.

Footnotes

In re the Estate of Palmer, 157 A.D. 929, 142 N.Y.S. 1133 (N.Y. Ct. App. 1913).

Pincite

157 A.D. 929 (In re the Estate of Palmer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Footnotes

Related