Melcher v. Fisk
New York Surrogate's Court
; The petition of John L. Melcher and others, executors, &c., of Parán Stevens, deceased, stated that on the 25th of April, 1872, said Stevens died, leaving a last will and testament, which was thereafter duly admitted to probate, and the petitioners were appointed executors, and "have qualified, and received letters, and that letters testamentary upon the estate of said Fisk were issued to Lucy D. Fisk, who qualified.
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; The petition of John L. Melcher and others, executors, &c., of Parán Stevens, deceased, stated that on the 25th of April, 1872, said Stevens died, leaving a last will and testament, which was thereafter duly admitted to probate, and the petitioners were appointed executors, and "have qualified, and received letters, and that letters testamentary upon the estate of said Fisk were issued to Lucy D. Fisk, who qualified. That in July, 1873, said executors of Stevens presented to the executrix, Fisk, a claim against the estate of said Fisk, which was by her disputed, whereupon an order of the…
1Opinion of the Court
*24The Subbogate.—By 3 R. S, 96, § 42 (6 ed.), ■ under the head “ Of the duty of executors and administrators in the payment of debts and legacies,” it is* provided that no execution shall issue on a judgment against an executor or administrator, until an account of his administration shall have been rendered and settled ; or unless on an order of the Surrogate who appointed him ; and if the account has been rendered, execution shall issue only for the sum that shall have appeared, on such accounting, to have been a just proportion of the .assets applicable to the judgment. By section 20 (p.…
2Cases cited2 opinions
- Mount v. . MitchellNew York Court of Appeals · 1865
- Olmsted v. VredenburghNew York Supreme Court · 1854
3Cited by1 opinion
- Hauselt v. GanoNew York Surrogate's Court · 1882