In re Seavey
District Court, S.D. New York
In the matter of bankruptcy proceedings of one Seavey. On petition to review a referee’s order refusing to stay a sale of an interest of the bankrupt in the estate of her grandfather, William H. Clement.
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In the matter of bankruptcy proceedings of one Seavey. On petition to review a referee’s order refusing to stay a sale of an interest of the bankrupt in the estate of her grandfather, William H. Clement. The following is the opinion of Townsend, Referee: The trustee is advertising for sale, by the official auctioneer, assets of the above-named bankrupt'consisting of all of the interest of the said bankrupt in the estate of William H. Clement, deceased, under the will of said William IT. Clement, deceased, dated the 24th day of November, 1886, and thereafter aud heretofore admitted to probate…
1Opinion of the Court
HOUGH, District Judge.
It is not thought necessary to discuss the law of wills or their interpretation in order to arrive at decision herein. It is very seldom that I (so to speak) cut across the argument of counsel, and base decision upon some matter not pressed and perhaps not presented in briefs. But in this case, after carefully reading the record and interesting briefs, I am convinced that much that has been done herein is wholly beside the mark. What the trustee wants to do is to sell something that he says belonged to the bankrupt, and therefore belongs to him. The bankrupt denies that…
2Cases cited1 opinion
- In re HoadleyDistrict Court, S.D. New York · 1900
3Cited by3 opinions
- Van Zandt v. ParsonOregon Supreme Court · 1916
- In re GophrenerDistrict Court, E.D. New York · 1937
- In re HillebrandDistrict Court, N.D. Ohio · 1930