In re Stilwell's Estate
New York Supreme Court
Appeal from surrogate’s court, New York county. Petition by Hannah M. Stilwell, a devisee under the will of Elizabeth Stilwell, deceased, for distribution of the proceeds of the real estate of such decedent. Frances Dixon, sole heir of said deceased, appeared, and objected to the proceedings.
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Appeal from surrogate’s court, New York county. Petition by Hannah M. Stilwell, a devisee under the will of Elizabeth Stilwell, deceased, for distribution of the proceeds of the real estate of such decedent. Frances Dixon, sole heir of said deceased, appeared, and objected to the proceedings. Said Frances Dixon appeals (1) from a decree of the surrogate decreeing distribution of surplus arising from sale under foreclosure of real estate owned by said decedent, and (2) from an order in effect denying her application for a stay of proceedings pending the determination of an action of ejectment…
1Opinion of the CourtO’Brien, J.
Elizabeth A. Stilwell died in 1890, seised of premises No. 214 West Thirty-Fourth street in the city of New York. Her will was subsequently, in 1891, admitted to probate in this county. This property, at the time of Mrs. Stilwell’s death, was subject to a mortgage. An action to foreclose this mortgage was commenced in July, 1891, and judgment therein entered in November, 1891, and thereunder the premises were sold, and the surplus money arising therefrom was paid into the surrogate’s court, pursuant to section 2798 of the Code. An application was then made *67by one of the devisees of Mrs.…
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