Legal Opinion

Dennis v. Jones

New York Surrogate's Court

Decided August 15, 1882PublishedCited by 1 opinion

Motion to confirm referee’s report, in a special proceeding instituted by George F. Jones, one of the executors of decedent’s will, for the disposition of decedent’s real property; opposed - by Joseph F. Dennis and others, creditors. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

This is a motion to confirm the referee’s report in a proceeding brought by decedent’s executor, pursuant to title 5 of chapter 18 of" the Code of Civil Procedure, for disposing of certain real property whereof he died seized. One of the creditors objects to the confirmation of the report, and denies the authority of the Surrogate to make any decree in this proceeding, directing the disposition of the property. The following are among the grounds of his objections:

First.—That, by the will of the testator, the real estate in question is made subject to a valid power of sale for *82th…

2Cases cited5 opinions

  1. Power v. . CassidyNew York Court of Appeals · 1880
  2. Van Vechten v. Van VeghtenNew York Court of Chancery · 1840
  3. Russell v. . RussellNew York Court of Appeals · 1867
  4. Mead v. SherwoodNew York Surrogate's Court · 1879
  5. Kelley's EstateNew York Surrogate's Court · 1876

3Cited by1 opinion

  1. In re John's EstateNew York Surrogate's Court · 1891

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