Sanford v. Granger
New York Supreme Court
Previous to the 2d of September, 1846, Harvey Granger died intestate, and on that day letters of administration of his goods and chattels, were duly granted by the surrogate of the county of Saratoga, to Maria Granger, his widow, Giles J. Slocum and Harvey F. Granger.
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Previous to the 2d of September, 1846, Harvey Granger died intestate, and on that day letters of administration of his goods and chattels, were duly granted by the surrogate of the county of Saratoga, to Maria Granger, his widow, Giles J. Slocum and Harvey F. Granger. The appellant, on the 19th of August, 1848, recovered a judgment, after a trial at law, before a referee, on the merits, against the said Maria Granger, administratrix, and Giles J. Slocum and Harvey F. Granger, administrators of the estate of the said Harvey Granger, deceased. The referee reported that he found there was due…
1Opinion of the Court
By the Court,
Cady, J.
The appellant offered no evidence to the surrogate, other than the exemplified copy of the record of his judgment, and if that did not make it the duty of the surrogate to make an order requiring the administratrix and administrators to sell real estate sufficient to pay the whole amount of the judgment, then the decree of the surrogate ought not to be affirmed. The appellant in this case did not alledge in his petition that there were not sufficient assets in the hands of the administratrix and administrators to pay his judgment, nor did he offer any evidence to prove…
2Cases cited3 opinions
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
- Wood v. ByingtonNew York Court of Chancery · 1847
- Fitch v. WitbeckNew York Court of Chancery · 1847
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- Feist v. Third Ave. RailroadNew York Court of Common Pleas · 1895
- In re the Estate of StowellNew York Surrogate's Court · 1896
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