Matter of City of Rochester
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made October 4,1887, affirming an order of Special Term which denied a motion to confirm the report of a referee and directed as to the disposition of an award herein for certain water rights condemned for the use of the city of Rochester.
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Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made October 4,1887, affirming an order of Special Term which denied a motion to confirm the report of a referee and directed as to the disposition of an award herein for certain water rights condemned for the use of the city of Rochester. (Reported below, 46 Hun, 651.) Prior to the year 1878 the city of Rochester constructed a system of water-works, by which it used certain water privileges which were appurtenant to the lands of one Hiram Smith. In that year he, with other owners of premises…
1Opinion of the CourtGray, J.
Section 2749 of the Code, of Civil Procedure provides that “ real property, of which a decedent died seized * * * may be disposed of for the payment of his debts and funeral expenses, as prescribed in this title, except where it is devised expressly charged with the payment of debts and funeral expenses,” etc.
Section 2750 provides that such a disposition may be effected by a proceeding before the Surrogate’s Court, instituted by unsecured creditors “ at any time within three years after letters were first duly granted within the State, upon the estate of a decedent.” By the force of these…
2Cases cited3 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Kinnier v. . RogersNew York Court of Appeals · 1870
- Reynolds v. . Reynolds' ExecutorsNew York Court of Appeals · 1857
3Cited by41 opinions
- Brill v. . WrightNew York Court of Appeals · 1889
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- Cross v. BensonSupreme Court of Kansas · 1904
- Matter of City of RochesterNew York Court of Appeals · 1892
- Clift v. . MosesNew York Court of Appeals · 1889
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