Legal Opinion

In re the Estate of Mason

New York Surrogate's Court

Decided December 9, 1940PublishedCited by 4 opinions

1Opinion of the Court

Dodd, J.,

Acting Surrogate. This is a motion to permit the issuance of an execution against the executrix of this estate upon a decretal recovery allowed after litigation here conducted.

Since the decree directing payment was made by this court, the provisions of sections 151 and 152 of the Decedent Estate Law are not applicable thereto. These enactments, as they plainly state, relate merely to “ judgments,” meaning recoveries in courts of general jurisdiction. Their purpose is to prevent the possibility of one claimant against estate assets securing a preference over others who are in like…

2Cases cited3 opinions

  1. In re the Judicial Settlement of the Final Account of StrongAppellate Division of the Supreme Court of the State of New York · 1906
  2. In re the Estate of GarrityNew York Surrogate's Court · 1933
  3. In re the Estate of LesterNew York Surrogate's Court · 1935

3Cited by4 opinions

  1. In re the Estate FernandezNew York Surrogate's Court · 1974
  2. In re the Estate of ZalaznickNew York Surrogate's Court · 1978
  3. Grant v. AdlerAppellate Division of the Supreme Court of the State of New York · 1968
  4. In re KruppenbacherAppellate Division of the Supreme Court of the State of New York · 1942

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