Lauby v. Gill
New York Supreme Court
Action against the defendant as devisee to make her liable for a debt of her testator to the extent of the real estate devised to her.
1Opinion of the Court
Gaynor, J.:
The defendant’s testator, who was her husband, devised all of his real estate to her in fee. She aliened the same before the commencement of this action. I find *335the value of the devised lands, over and above the mortgages and taxes thereon, to have been the sum of $37,482.03 at the time of the testator’s death. The total of his debts is $45,208.02.
I have deducted the taxes for the reason that they were a lien on the land, and enforcible against the land only, as is the case with all land taxes in the city of Hew York. Section 2719 of the Code of Civil Procedure prescribes the order…
2Cases cited3 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Collins v. . HydornNew York Court of Appeals · 1892
- Matter of HunNew York Court of Appeals · 1895
3Cited by2 opinions
- MacGregor v. Johnson-Cowdin-Emmerich, Inc.Court of Appeals for the Second Circuit · 1930
- Underground Electric Rys. Co. v. OwsleyU.S. Circuit Court for the District of Southern New York · 1911