113 Misc. 199 | N.Y. Sur. Ct. | 1920
The decedent died July 10, 1915. Letters of administration were issued August 26, 1915. Notice for claims expired April 1, 1916.
It appears that the decedent had endorsed a note for $500 made by Murray Hill Park to the order of H. L. McGee, dated January 22, 1915, payable three months after date. There had been some correspondence between the attorney for the claimant and the then attorney for the estate prior to October, 1918, when the claim was formally presented to the new attorney for the administratrix.
When a claim is presented, the representative owes the duty to the estate, and to the creditor, to pass on the validity of the claim and either allow or reject it.
Section 160 of the Negotiable Instruments Law (Laws of 1909, chap. 43) states that when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given
Therefore, I conclude that the claim presented upon the note in question is not a valid claim against the estate.
Decreed accordingly.