SCPA 1906 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1905 When disposition may be refused or delayed 1 up ARTICLE 19 Disposition of Real Property next SECTION 1907 Order determining disposition of real property 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.