In re Palmer's Estate — 142 N.Y.S. 1133

Majority

p. 1133

In re PALMER'S ESTATE.

(Supreme Court, Appellate Division, Second Department

June 6, 1913.)

Headnote

In the matter of the estate of Augustus G. Palmer, deceased.

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 application, etc., 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 county is modified accordingly, and, as so modified, affirmed, without costs.

Cases cited

In re the Final Accounting of Macaulay 94 N. Y. 574 N.Y. 1884-02-05 p. 1133