In re Foley
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, John H. Foley, from a final order of the Surrogate’s Court of the county of Monroe, entered in said Surrogate’s Court on the 23d day of August, 1898, dismissing his. petition.
1Opinion of the Court
Adams, J.:
The decedent in her lifetime commenced an action in the Supreme Court against the petitioner to recover upon a contract. Shortly *249thereafter the decedent died and thereafter the action was continued in the name of her executor, and finally resulted in a judgment against him for .the sum of $402.54 costs. This judgment is the only unpaid claim against the estate of the decedent, and there being no funds in the hands of the executor with which to pay the same, this proceeding was instituted to obtain a sale of the decedent’s real property.
At common law the title to real estate vested…
2Cases cited2 opinions
- Wood v. ByingtonNew York Court of Chancery · 1847
- In re the Estate of StowellNew York Surrogate's Court · 1896
3Cited by2 opinions
- In re the Estate of MahoneyNew York Surrogate's Court · 1902
- In re the Estate of StowellNew York Surrogate's Court · 1896