Birkholm v. Wardell
New Jersey Superior Court Appellate Division
1. Although the personal estate of an intestate was not liable for the payment of a mortgage on lands bought by him, the payment of which was assumed by him in his deed for the premises, his administratrix paid interest thereon out of the personal estate.
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1. Although the personal estate of an intestate was not liable for the payment of a mortgage on lands bought by him, the payment of which was assumed by him in his deed for the premises, his administratrix paid interest thereon out of the personal estate. His child, who was his only heir-at-law, and next of kin, excepted to the allowance thereof to the administratrix.— Held, that under the circumstances, the exception should be overruled, the payment having been for the exceptant’s benefit. 2. An administratrix was allowed the reasonable cost of a cemetery lot, which she purchased for the…
1Opinion of the Court
The Ordinary.
The respondents are the wife of Charles Wardell and the surviving surety upon the administration bond given by her and her co-administrator, Samuel Posten, as administrators of Hans C. Birkholm, deceased, late of the county of Monmouth, whose widow she was, and who died intestate August 2d, 1855. The letters of administration were issued by the surrogate of Monmouth August 21st, 1855. Mr. Posten died in 1882. On the day on which the letters were issued the administrators proved and filed the inventory of the estate. The amount of the appraisement was $1,783.24. In May, 1884, no…
2Cited by1 opinion
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