Matter of Gantert
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department made February 18,1892, which affirmed an order of the Surrogate’s Court of the county of Hew York sustaining exceptions to the report of a referee and dismissing a petition of Paul Gantert, a creditor, to compel the sale of real estate of William A. Juch, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department made February 18,1892, which affirmed an order of the Surrogate’s Court of the county of Hew York sustaining exceptions to the report of a referee and dismissing a petition of Paul Gantert, a creditor, to compel the sale of real estate of William A. Juch, deceased. The facts, so far as material, are stated in the opinion. The obvious meaning of the statute is to give a creditor a remedy against the real estate of a deceased debtor, unless such debtor has, by his will, given him a better one. (Code Civ.…
1Opinion of the CourtMaynard, J.
The testator made his will ¡November 28, 1887, and died July 1, 1888. He owed unsecured debts to the amount of $30,000, and the net value of his personal property, after the payment of the expenses of administration, did not exceed $1,025. It is to be inferred that this was the condition of his property at the time of the execution of the will, as it does not appear that any change had occurred intermediate that date and his death. He owned real estate of the estimated value of $73,500, exclusive of the incumbrances upon it. He appointed his wife, one of his sons and a friend, the executors…
2Cases cited4 opinions
- Kinnier v. . RogersNew York Court of Appeals · 1870
- Matter of City of RochesterNew York Court of Appeals · 1888
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Erwin v. . LoperNew York Court of Appeals · 1871
3Cited by21 opinions
- Daniell v. HopkinsNew York Court of Appeals · 1931
- Holly v. . GibbonsNew York Court of Appeals · 1903
- In re the Estate of TaftNew York Surrogate's Court · 1932
- Personeni v. . GoodaleNew York Court of Appeals · 1910
- Wood v. HubbardAppellate Division of the Supreme Court of the State of New York · 1898
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