New York Surrogate's Court January 15, 1908 (In re the Estate of Neher)

Heaton, S.

Application under section 2722, Code of Civil Procedure, by an alleged creditor of Reher, deceased, for the payment of its claim. The executor of Reher files a verified answer setting forth facts which he claims show conclusively that the claimant is not a creditor of Reher, and asks to have the petition dismissed. The facts are conceded, and hence only questions of law arise.

First.