Federal Reserve Bank v. Weeks

This action was brought under the provisions of article 7 of the Decedent Estate Law for the purpose of collecting, out of the real property devised to the defendant, the debt of the defendant’s testator to the plaintiff. The plaintiff’s motion for summary judgment has been granted and a proposed order and judgment have been submitted.

The proposed judgment is incorrect in that it decrees the sale of the premises under the direction of a referee as in the foreclosure of a mortgage on real property. The judgment should be against the defendant “ to the extent of the estate, interest and right…