In re Faulkner's Estate
New York Supreme Court
Appeal from surrogate’s court, Livingston county. A proceeding to subject the realty of a testator to the payment of his debts. Decree for the creditors, and an appeal. Code Civil Proc.
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Appeal from surrogate’s court, Livingston county. A proceeding to subject the realty of a testator to the payment of his debts. Decree for the creditors, and an appeal. Code Civil Proc. N. Y. § 2750, provides that the creditors of an estate may file a petition to subject the realty of decedent to the payment of their debts withi n three years after letters of administration granted; section 2751 provides that the time during which an action is pending by the creditors against the administrator or executor shall not be counted as part of the time limited in section 2750; and section 2752…
1Opinion of the CourtCorlett, J.
The First'Rational Bank of Dansville was organized under the United States statute of August, 1863. Its capital stock was $50,000. Samuel D. Faulkner died August 9, 1878, intestate and unmarried, leaving *326Ms father, Dr. James Faulkner, his sole heir and-next of kin. . Samuel, at the time of his death, owned 50 shares of stock of the bank, and other property to the amount of about $25,000. James Faulkner, the testator, and Henry Faulkner, became administrators of the estate of Samuel. The father, James Faulkner, died in 1884, leaving a will. Letters testamentary were issued upon the will to the…
2Cases cited9 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Prentice v. . JanssenNew York Court of Appeals · 1880
- Matter of City of RochesterNew York Court of Appeals · 1888
- Sheldon v. WrightNew York Supreme Court · 1849
- Sheldon v. . WrightNew York Court of Appeals · 1851
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3Cited by1 opinion
- Kuerze v. Western German BankOhio Court of Appeals · 1919