Heinrich v. Heidt

Citations

• 106 A.D. 179
• 94 N.Y.S. 423

Syllabus

<p>Presentation, through an attorney, of a claim against a decedent’s estate to his executors— the notice of its rejection, may be given to the attorney — six months’ Statute of Limitations,</p> <p>The executors of an estate received by mail from one Stephen O'Brien, an attorney at law, a formal claim against their testator’s estate inclosed in a letter headed with the name of the attorney and his office and post office address, which letter stated: “Enclosed find proof of claim of Mrs. Mary Heinrich. Kindly advise me if you approve of same.” A month later the executors sent a notice of the rejection of the claim to Mr. O’Brien addressed to “Mary Heinrich, claimant. Stephen O’Brien, attorney, for plaintiff.”</p> <p>Held, it being undisputed that O’Brien was authorized to present the claim, that he had the right to receive the notice of its acceptance or rejection, and that the notice of rejection sent to him was binding upon the claimant and was sufficient to call into operation the six months’ Statute of Limitations contained in section 1822 of the Code of Civil Procedure.</p>