In re Morderno

Summary

The court held that an assignee of a claim against a decedent is a creditor with standing under Code section 2717 to petition the surrogate’s court for payment from the estate. It reversed the surrogate’s refusal to direct payment of the assigned claims, with costs and disbursements, while the excerpt does not address the separate claims for probate-related expenses.

Holdings

1. An assignee of a claim against a decedent's estate is a creditor within the meaning of Code of Civil Procedure section 2717 and has standing to petition the surrogate for a decree directing payment.

Questions Presented

1. Whether an assignee of a claim against a decedent's estate is a creditor entitled under Code of Civil Procedure section 2717 to petition the surrogate for an order directing payment of the claim.

Disposition

reversed