Matter of Reed
New York Court of Appeals
Appeal from an order of the Appellate Division of the" Supreme Court in the third judicial department, entered December 23, 1913, which affirmed a decree of the War, ren County Surrogate’s Court directing the administrators of Henry M. Bailey, deceased, to mortgage his real estate in order to pay an alleged debt. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the" Supreme Court in the third judicial department, entered December 23, 1913, which affirmed a decree of the War, ren County Surrogate’s Court directing the administrators of Henry M. Bailey, deceased, to mortgage his real estate in order to pay an alleged debt. The facts, so far as material, are stated in the opinion. The petition is radically and fatally defective in that it is signed, not by the petitioner, but by Beecher S. Olother, as attorney, and is verified by Beecher S. Olother, and not by petitioner. (Schneider v. Leizman, 57 Hun,…
1Opinion of the CourtCardozo, J.
This is a proceeding by a creditor for the sale or mortgage of the real property of a decedent. It was begun in 1911, and is, therefore, governed by the statutes in force before the recent revision of practice in the Surrogates’ Courts. (L. 1914, ch. 443, sections 2701, 2705, 2771.) The creditor’s claim is for $100 and interest. The form of his petition is criticised, but we think its averments are sufficient. We think also that the verification of the petition by the attorney is sanctioned by the statute. (Code Civ. Pro. section 2534, now section 2525.) But the omission to serve the citation…
2Cases cited1 opinion
- Matter of RobertsNew York Court of Appeals · 1915
3Cited by6 opinions
- In re the Estate of RosenblattNew York Surrogate's Court · 1938
- Matter of ReedNew York Court of Appeals · 1916
- Donovan v. FlynnAppellate Division of the Supreme Court of the State of New York · 1927
- In re ReedAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of MullerAppellate Division of the Supreme Court of the State of New York · 1955
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