Legal Opinion

Krueger v. Schlinger

New York Supreme Court

Decided January 15, 1897PublishedCited by 5 opinions

Motion to confirm the report of a referee distributing the proceeds in a partition action.

1Opinion of the CourtGaynor, J.

The referee’s report shows that the claim of Mr. Scheldt, the executor, is for money which he expended in paying the taxes upon the land sold herein. I think his claim should be paid first. He paid the taxes in order to prevent the land from being sold for nonpayment of taxes, the same as he paid the interest on the mortgage to prevent the expense of its foreclosure. He should be reimbursed the one the same as the other. As executor, he was not required to pay the taxes levied upon the land of the deceased prior to his death. An executor has only to pay the debts of the decedent. General land…

2Cited by5 opinions

  1. MacGregor v. Johnson-Cowdin-Emmerich, Inc.Court of Appeals for the Second Circuit · 1930
  2. In re the Appraisal, Under the Transfer Tax Act, of the Property of LissNew York Surrogate's Court · 1902
  3. In re the Estate of HoffmanNew York Surrogate's Court · 1903
  4. In re the Judicial Settlement of the Account of HewittNew York Surrogate's Court · 1903
  5. Underground Electric Rys. Co. v. OwsleyU.S. Circuit Court for the District of Southern New York · 1911

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