New York Court of Appeals

Nancy Tucker v. Clarissa Tucker and others

September 15, 18684 Keyes 136

Summary

The Court affirmed the General Term's order, holding that a surrogate lacks jurisdiction to adjudicate disputed claims on a final accounting, that the claimant's demand was a disputed claim under the statutes, and that the six‑month statute of limitations did not bar the claim because the limitation applies only after statutory notice to creditors. The decision remands the matter to the surrogate’s court for further proceedings consistent with these holdings.