Williams v. Eaton
New York Surrogate's Court
Objections were filed to the accounting of the executrix of this estate, and an auditor having been appointed, found the account correct. In schedule “D,” a bond and mortgage of S. C. Williams for $2,500 was inserted. The amount of assets appeared to be $2,113.19, though in schedule “B ” a large number of valueless claims were inserted.
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Objections were filed to the accounting of the executrix of this estate, and an auditor having been appointed, found the account correct. In schedule “D,” a bond and mortgage of S. C. Williams for $2,500 was inserted. The amount of assets appeared to be $2,113.19, though in schedule “B ” a large number of valueless claims were inserted. It also appeared that, including the mortgage above stated, there was a large amount of debts in excess of assets, and that the mortgage referred to was upon real estate in the State of Minnesota, which was estimated to be of considerably less value than the…
1Opinion of the Court
The Surrogate.
— By the provisions of section 4, 1 Revised Statutes, 749, it is provided that “whenever any real estate subject to a mortgage executed by any ancestor or testator shall descend to an heir or pass to a devisee, such heir or devisee shall satisfy and discharge such mortgage out of his own property, without resorting to the executor or administrator of his ancestor, unless there be an express direction in the will *505of such testator that such mortgage he otherwise paid.”
The case of Waldron v. Waldron (4 Bradf., 114), is cited by the counsel for creditors as authority for the…
2Cases cited6 opinions
- Johnson v. CorbettNew York Court of Chancery · 1844
- Woodruff v. BunceNew York Court of Chancery · 1842
- Van Schaick v. . the Hudson River R.R. Co.New York Court of Appeals · 1871
- Taylor v. WendelNew York Surrogate's Court · 1857
- Lamport v. BeemanNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Judicial Settlement of the Accounts of the Executors of LittletonNew York Surrogate's Court · 1927
- Home Insurance Co. v. LyonNew York Surrogate's Court · 1885
- Kenney v. GeogheganCity of New York Municipal Court · 1886