Legal Opinion

In re Kinn

Appellate Division of the Supreme Court of the State of New York

Decided July 29, 1910PublishedCited by 4 opinions

Appeal by William Auer from part of an order of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 11th day of April, 1910, and also from an order entered in said court on the 27th day of April, 1910, denying an application to retax costs.

1Opinion of the Court

Burr, J.:

Peter Kinn, as executor of the last will and testament of Anna Kinn, applied to the Surrogate’s Court of Kings county for authority to sell the real property of his testator for the purpose of paying her debts. Upon the return of the citation, several of her creditors appeared in support of the application. It was resisted by William Auer, who had purchased said real property from the devisee thereof within three years after the issuing of letters testamentary. From the decree of the Surrogate’s Court granting such application, Auer appealed to this court. (See 136 App. Div. 852.)…

2Cases cited5 opinions

  1. Van Gelder v. Van GelderNew York Court of Appeals · 1881
  2. Lawrence v. . LindseyNew York Court of Appeals · 1877
  3. In re KinnAppellate Division of the Supreme Court of the State of New York · 1910
  4. Isola v. WeberAppellate Division of the Supreme Court of the State of New York · 1896
  5. Sweet v. City of SyracuseNew York Supreme Court · 1892

3Cited by4 opinions

  1. In re the Estate of BetzNew York Surrogate's Court · 1934
  2. In re KinnAppellate Division of the Supreme Court of the State of New York · 1910
  3. N. R. S. Realty Corp. v. Bernard S. Forman, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
  4. Smallwood v. Overseas Storage Co.New York Supreme Court · 1943

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