Gilchrist v. Rea
New York Court of Chancery
This was an appeal from the decision of the surrogate of Washington county, refusing to confirm a sale of real estate made by administrators. Samuel Rea the elder, the father of the respondent, died in 1813 ; and by his will he authorized and empowered his executors to sell such part of his real estate as might be necessary to pay his debts, if his personal property should not be sufficient for that purpose.
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This was an appeal from the decision of the surrogate of Washington county, refusing to confirm a sale of real estate made by administrators. Samuel Rea the elder, the father of the respondent, died in 1813 ; and by his will he authorized and empowered his executors to sell such part of his real estate as might be necessary to pay his debts, if his personal property should not be sufficient for that purpose. His executors having renounced the execution of the will, in November, 1813, administration with the will annexed was granted, by the surrogate, to A. Gilchrist, the appellant, and J. W.…
1Opinion of the Court
The Chancellor.
The appeal in this case is irregular, as all the parties who are interested in sustaining the decision of the surrogate are not before me. It appears by the transcript that Samuel Rea, the elder, left several heirs whose interest in the real estate sold by the administrators, in 1825, would be affected by the reversal of the order of the surrogate and a confirmation of the sale. Although Samuel Rea, one of the heirs, alone appeared and contested the case before the surrogate, it does not appear that the other heirs had notice of the order to show cause. They cannot, therefore,…
2Cases cited1 opinion
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
3Cited by12 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Ball v. MillerNew York Supreme Court · 1858
- Farrington v. KingNew York Surrogate's Court · 1850
- In re O'BrienAppellate Division of the Supreme Court of the State of New York · 1899
- Belcher v. BranchSupreme Court of Rhode Island · 1876
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