In re the Sale of Real Estate of Stumpf
Appellate Division of the Supreme Court of the State of New York
Appeal by Winsor Boice, a purchaser upon a partition sale of real estate, from an order of the Surrogate’s Court of the county of Saratoga, entered in said' Surrogate’s Court on the 26th day of November, 1895, denying his application to be “subrogated to the rights of the creditors of said estate (of Charles Stumpf, deceased)by the payment into this (the surrogate’s) court of' the deficiency of the proceeds of the sale in partition deposited in court, and the-amount of…
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Appeal by Winsor Boice, a purchaser upon a partition sale of real estate, from an order of the Surrogate’s Court of the county of Saratoga, entered in said' Surrogate’s Court on the 26th day of November, 1895, denying his application to be “subrogated to the rights of the creditors of said estate (of Charles Stumpf, deceased)by the payment into this (the surrogate’s) court of' the deficiency of the proceeds of the sale in partition deposited in court, and the-amount of claims against said estate with the costs and expenses of said estate.”
1Opinion of the Court
Landon, J.:
This is an appeal from an order of the surrogate of Saratoga county, denying a motion made by Winsor Boice, a purchaser, upon a judgment sale in partition of the real estate of the deceased, for *284permission to pay into the Surrogate’s Court a sum which, added to the proceeds of said sale already paid by him as said purchaser into said court, pursuant to the judgment in the partition action, will be sufficient to pay the debts of the intestate and the costs of the cred: ito'rs of his estate in the proceedings for the sale of his real estate for the payment of his debts, the surrogate…
2Cited by1 opinion
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