In re the Estate of McClure
New York Surrogate's Court
1Opinion of the Court
John D. Bennett, S.
In this accounting proceeding, a proposed decree has been submitted containing a decretal paragraph providing that a portion of the distributive share to which Joseph G. McClure is entitled as a son of the decedent be paid to his judgment creditor, “based on the judgment obtained by 'him against the aforesaid distributee.”
While it has been held that a judgment creditor of a distributee or devisee should be given notice of a proceeding to sell the real property of the decedent (Matter of Townsend, 203 N. Y. 522), it does not necessarily follow that the decree must provide…
2Cases cited2 opinions
- Sayles v. . BestNew York Court of Appeals · 1893
- Matter of TownsendNew York Court of Appeals · 1911
3Cited by3 opinions
- In re the Estate of ChalaireNew York Surrogate's Court · 1972
- In re the Estate of WootonNew York Surrogate's Court · 1974
- Streever v. MazzoneNew York Supreme Court · 1978