King v. Rockhill
| Citation | 41 N.J.E. 273,7 A. 437 |
| Parties | KING v. ROCKHILL. |
| Decision Date | 28 February 1886 |
| Court | New Jersey Supreme Court |
Appeal from orphans' court, Burlington county. On exceptions to administrators' account.
J. H. Gaskill, for appellant, King.
M. R. Sooy, for respondent, Rockhill.
RUNYON, Ordinary. In this case the administrators, upon obtaining the letters of administration, May 9, 1883, took an order limiting creditors. It required them to present their claims within nine months. The limited period expired in February, 1884. In April following, the orphans' court, on application of the administrators, fixed the sixteenth of July then next as the time for making the report of claims, etc., and the administrators duly gave notice that the report of claims would be made on that day, and that they would then apply to have the estate declared insolvent. In May, 1884, the court made an order barring creditors who had not come in under the beforementioned order of limitation. On June 6, 1884, the report of assets and claims was filed, from which it appeared that there were assets to the amount of $15,009.25, preferred claims to the amount of $13,528.81, and unpreferred claims to the amount of $3,666.69. On the twenty-fifth of August following, the administrators filed their final account, which was duly passed at December term, 1884. It showed a balance in favor of the administrators of $274.20. On May 5, 1885, the court ordered the account to be restated, which was done, and the account, as restated, showed a balance of $1,259.98 against the administrators. On July 1, 1885, the court, on application of a creditor, and without notice, made an order giving 20 days' further time in which to file exceptions to the claims presented to the admin istrators. On July 19, 1885, exceptions were filed to 12 of the claims, amounting together to $3,096.58. On the eighteenth of August following, the court, upon due notice, on the application of one of the creditors, to whose claim exception had been filed, set aside the order giving further time to except, on the ground that it was improvidently made, and at the same time dismissed all the exceptions without hearing them. From the order setting aside the order giving further time the exceptant appealed to this court.
The orphans' court act provides that any person interested may file exceptions to the claim or demand, or any part thereof, of any creditor, against an insolvent estate; but such exceptions must be filed on or before the...
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In re Kuser's Estate
...and implies, necessarily, that exceptions to claims must be disposed of before the decree can be made. The decisions in King v. Rockhill, 41 N.J.Eq. 273, 7 A. 437, 438, and In re Estate of Young, 30 N.J.L.Jr. 9, relied upon by respondents in support of their contention, do not, I think, sup......
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N. E. Redlon Co. v. Franklin Square Corp., 3269.
...as sound discretion may require, at any time prior to final judgment. Barry v. Mutual Life Ins. Company, 53 N.Y. 536; King v. Rockhill, 41 N.J.Eq. 273, 7 A. 437; Bracka v. Fish, 28 Wash. 410, 68 P. 872; Baltimore, etc., Company v. Ray, 36 Ind.App. 430, 73 N.E. 942; Louisville, etc., Company......
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