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Matter of Meyer

Court of Appeals of the State of New York
Mar 1, 1927
155 N.E. 913 (N.Y. 1927)

Opinion

Argued February 23, 1927

Decided March 1, 1927

Appeal from the Supreme Court, Appellate Division, First Department.

Carroll G. Walter and Edward J. Patterson for appellant.

Herman S. Hertwig and James M. Fassett for respondent.


An ancillary executor being named in this State, what might be the rights of a non-resident creditor of the estate, should the surrogate elect to adjudicate as to the claims of residents we do not attempt to consider. That the surrogate may entertain and direct the payment of his claim we are clear (Surrogate's Court Act, sec. 165). Equally clear is it that the surrogate may refuse to pass upon all claims, whether of residents or non-residents. The local assets must then be remitted to the foreign executor to be administered and distributed by him. That the surrogate has done here. No question of discrimination in favor of domestic creditors is before us. Whether this course shall be adopted is a matter of judicial discretion. Such action was not without justification, and it may, therefore, not be reviewed and reversed by us.

The order should be affirmed, with costs.

CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ., concur.

Order affirmed.


Summaries of

Matter of Meyer

Court of Appeals of the State of New York
Mar 1, 1927
155 N.E. 913 (N.Y. 1927)
Case details for

Matter of Meyer

Case Details

Full title:In the Matter of the Estate of HUGO R. MEYER, Deceased. JOHN T. WILSON, as…

Court:Court of Appeals of the State of New York

Date published: Mar 1, 1927

Citations

155 N.E. 913 (N.Y. 1927)
155 N.E. 913

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