Legal Opinion

In re the Estate of Mayerhofer

New York Surrogate's Court

Decided May 27, 1964PublishedCited by 1 opinion

1Opinion of the Court

John D. Bennett, S.

In this proceeding to sell real property the court, by decision dated March 19, 1964, directed a sale in accordance with the contract annexed to the administratrix ’ petition and a deposit of the proceeds from the sale, subject to the further order of this court.

This is an insolvent estate and the only asset is the equity in this real property. The sale price is $14,000 from which a first mortgage in the approximate amount of $5,000 must be satisfied.

The creditors’ claims far exceed the net assets of the estate and the order of priority among the named creditors must be…

2Cases cited5 opinions

  1. Hyman v. . HauffNew York Court of Appeals · 1893
  2. Catskill National Bank & Trust Co. v. SaxeNew York Supreme Court · 1940
  3. In re the Accounting of HenkeNew York Surrogate's Court · 1948
  4. In re the Estate of HarrisNew York Surrogate's Court · 1935
  5. In re the Estate of ReynoldsNew York Surrogate's Court · 1962

3Cited by1 opinion

  1. State Bank v. FioravantiAppellate Division of the Supreme Court of the State of New York · 1979

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