Legal Opinion

In re the Estate of McClure

New York Surrogate's Court

Decided March 20, 1969PublishedCited by 3 opinions

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

  1. Sayles v. . BestNew York Court of Appeals · 1893
  2. Matter of TownsendNew York Court of Appeals · 1911

3Cited by3 opinions

  1. In re the Estate of ChalaireNew York Surrogate's Court · 1972
  2. In re the Estate of WootonNew York Surrogate's Court · 1974
  3. Streever v. MazzoneNew York Supreme Court · 1978

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