In re Dunn
New York Surrogate's Court
Application to require the administrator to pay a judgment entered against decedent, as a preferred debt. The petition set forth that the action in which judgment was ultimately rendered, was for rent due from the deceased to petitioner ; that an action for the rent was commenced against decedent by petitioner in the Superior Court of the city of New York, and that on March 24, 1876, a verdict was obtained for the full amount, and thirty days’ time given to defendant to make…
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Application to require the administrator to pay a judgment entered against decedent, as a preferred debt. The petition set forth that the action in which judgment was ultimately rendered, was for rent due from the deceased to petitioner ; that an action for the rent was commenced against decedent by petitioner in the Superior Court of the city of New York, and that on March 24, 1876, a verdict was obtained for the full amount, and thirty days’ time given to defendant to make a case, exceptions to be heard in the first instance at General Term, the entry of judgment being suspended in the…
1Opinion of the Court
The Surrogate.
By section 37, 3 R. S., 95 (6 ed.), executors and administrators are required to proceed with diligence to pay the debts of the deceased, and are directed to pay them according to the order of classes named, the first being debts of preference under the *30federal laws; second, taxes assessed previously to decedent’s death; and, third, judgments docketed and decrees enrolled against the deceased, according to the priority thereof, respectively. ’ There seems to be no objection raised as to the regularity of the entry of judgment in this case, and I must therefore assume that it was…
2Cases cited3 opinions
- Nichols v. ChapmanNew York Supreme Court · 1832
- Bernes v. WeisserNew York Surrogate's Court · 1852
- Salter v. NeavilleNew York Surrogate's Court · 1851
3Cited by2 opinions
- In re the Estate of TaylorNew York Surrogate's Court · 1942
- Second National Bank v. BlauveltNew Jersey Superior Court Appellate Division · 1888