Mead v. Sherwood
New York Surrogate's Court
Application for the sale of real estate for the payment of debts. George W. Mead, a creditor of the deceased, filed a petition in this matter, praying that the administrators of the intestate, Mary B. Jenkins and Stephen M. Sherwood, be directed to show cause why they should not be required to sell the real estate of which he died seized, for the payment of his debts.
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Application for the sale of real estate for the payment of debts. George W. Mead, a creditor of the deceased, filed a petition in this matter, praying that the administrators of the intestate, Mary B. Jenkins and Stephen M. Sherwood, be directed to show cause why they should not be required to sell the real estate of which he died seized, for the payment of his debts. An order was accordingly made and served upon them, and on the return day thereof they appeared and objected that the petition was defective,' in not stating all the facts required by the statute to confer jurisdiction upon the…
1Opinion of the Court
Tub Surrogate.—Section 59, page 196, 3 R. S. (5 ed.), provides that if, after the rendering of an account by an executor or administrator to a Surrogate, as is provided by chapter 6, &c., it shall appear that there are not sufficient assets to pay the debts of the- deceased, the Surrogate, upon the application of any creditor of the deceased, shall grant an order for the executor or administrator to show cause why he should not be ordered to mortgage, lease or sell the real estate of the deceased for the payment of his debts. By section 61, the Surrogate is directed, if no cause to the…
2Cited by4 opinions
- In re PirieAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Estate of SlaterNew York Surrogate's Court · 1893
- Dennis v. JonesNew York Surrogate's Court · 1882
- Mead v. JenkinsNew York Surrogate's Court · 1884