Price v. Fenn
New York Surrogate's Court
Sarah Fenn, widow and sole executrix of the will of decedent, having instituted a special proceeding for the disposition of his real property, for the payment of his debts, James K. Price, and another, two of the purchasers at the sale had in the proceeding, declined to take title, upon grounds stated in the opinion.
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Sarah Fenn, widow and sole executrix of the will of decedent, having instituted a special proceeding for the disposition of his real property, for the payment of his debts, James K. Price, and another, two of the purchasers at the sale had in the proceeding, declined to take title, upon grounds stated in the opinion. Thereupon an order was granted directing those purchasers to show cause why they should not be compelled to complete their purchase, or' said property be sold at their risk and expense; and, after a hearing, it was “ordered, adjudged and decreed that ” said purchasers “ complete…
1Opinion of the Court
The Surrogate.
In the course of the proceedings looking to the disposition of this decedent’s real property" for the payment of his debts, certain of such property has been sold pursuant to a decree of the Surrogate. The purchasers refuse to take title, upon the ground that five infants interested in the estate have not been properly represented in the proceedings. These infants are severally under the age of fourteen years, and reside within the State of New York. Each of them was duly served with a citation, and, before the hearing of the application for the sale of the property in question,…
2Cases cited11 opinions
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Blakeley v. . CalderNew York Court of Appeals · 1857
- Sibley v. . WaffleNew York Court of Appeals · 1857
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
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