2 Bradf. 322 | N.Y. Sur. Ct. | 1853
After probate, and before letters testamentary were issued, Sheldon Burwell filed an affidavit, stating that he was a creditor of the testator, and intended
In the same matter.
Several parties having filed affidavits stating that they were creditors of the deceased, and intended to present objections against a grant of letters to the executors or one of them, the executrix has applied for an order to compel the creditors to file their objections. The statute directs, that on filing the affidavit of intention to object, the Surrogate “ shall stay the granting of letters testamentary for at least thirty days, unless the matter shall be sooner disposed of.” (Laws, 1837, Ch. 460, § 22.) It is clear, therefore, that the matter may be disposed of before the expiration of thirty days ; and, no specific time being allowed to file the objections, I think the whole proceeding is under the control of the Surrogate. If the executor comes in and demands the /exhibition of the objections, and there appears no reasonable ground for delay, it is competent to order the objections to be filed, to hear the allegations of the parties, and determine the case within thirty days. The creditors must therefore, be ordered to bring in their objections within a certain time.