In Re the Distribution of the Proceeds of the Sale of the Real Estate of Stilwell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 14, 1893, which affirmed an order of the surrogate of the county of ¡New York directing the distribution of surplus moneys in a foreclosure action, and directed a judgment for costs in favor of Hannah M. Stilwell, a devisee under the will of Elizabeth A. Stilwell, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 14, 1893, which affirmed an order of the surrogate of the county of ¡New York directing the distribution of surplus moneys in a foreclosure action, and directed a judgment for costs in favor of Hannah M. Stilwell, a devisee under the will of Elizabeth A. Stilwell, deceased. The facts, so far as material, are stated in the opinion. The General Term erred in holding that it was too late for appellant to question the power of the surrogate. (Thomas on Mort. § 877; Kory v. Whittaker, 44 N. Y.…
1Opinion of the CourtO’Brien, J.
The order from which this appeal was taken made distribution of surplus moneys arising upon a sale of real estate after judgment in an action to foreclose a mortgage on the same.
Elizabeth A. Stilwell died seized of the property, subject to a mortgage, December 21, 1890, and by her will devised it to her heirs and next of kin, of whom the petitioner in this proceeding was one. • The mortgage was foreclosed, and judgment of foreclosure and sale was entered in the month of November, 1891. The surplus arising upon the sale was paid into the Surrogate’s Court pursuant to section 2198 of the Code.…
2Cases cited1 opinion
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
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