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This entry was published on 2014-09-22
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SECTION 1906
Trial and determination of debts, claims and expenses; statute of limitations 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19
§ 1906. Trial and determination of debts, claims and expenses; statute

of limitations

1. If any claim, debt, demand, charge, or expense set forth in the
petition presented prior to an application for judicial settlement, or
set forth in the account or presented on the judicial settlement is
objected to by any party to the proceeding whose interest will be
affected by its allowance or disallowance the claim, debt, demand,
charge or expense shall be determined, notwithstanding its admission or
allowance by the fiduciary.

2. Where a defense arises under the statute of limitations as to any
item so admitted or allowed it shall be deemed to be rejected by the
fiduciary at the time of the objection and the time between its
presentation or the commencement of an action where it was not presented
and the time of such objection shall not be a part of the time limited
in this act for commencing an action thereon.