Johnson v. Corbett
New York Court of Chancery
This was au appeal by the administrators of the estate of Lyman Betts, deceased, from the sentence and decree of the surrogate of the county of Kings, upon the final settlement of the accounts of the appellants. Lyman Betts died in 1835, seised and possessed of a large real and personal estate in Brooklyn; where he was domiciled at the time of his death. The amount of his personal estate was between fifty and sixty thousand dollars.
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This was au appeal by the administrators of the estate of Lyman Betts, deceased, from the sentence and decree of the surrogate of the county of Kings, upon the final settlement of the accounts of the appellants. Lyman Betts died in 1835, seised and possessed of a large real and personal estate in Brooklyn; where he was domiciled at the time of his death. The amount of his personal estate was between fifty and sixty thousand dollars. And it was nearly or quite sufficient to pay all his debts, exclusive of those debts, which were secured by mortgages upon real estate, and of one debt which was…
1Opinion of the Court
The Chancellor.
The objection that the debts of the mortgagees were not presented to the administrators, during the *269time of the running of the notice for creditors to exhibit their claims, under the surrogate’s order, is not well taken. The object of the statute is to compel the creditors who have debts due from the estate, to present them to the executor or administrator for allowance or rejection, so that he may know” what debts exist, and the validity thereof. And where, as in this case, the debts have been actually presented, and acknowledged by the executor or administrator, before the…
2Cited by37 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Hauselt v. . PattersonNew York Court of Appeals · 1891
- Erwin v. . LoperNew York Court of Appeals · 1871
- Glacius v. . FogelNew York Court of Appeals · 1882
- In re the Estate of HornerNew York Surrogate's Court · 1933
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