In Re the Accounting of Wilson
New York Court of Appeals
I. The judgment debtor’s renunciation of his legacy to defeat his creditor after the receiver’s title had attached and in violation of the restraining orders and the Debtor and Creditor Law of this State, was void and ineffective. (Albany Hosp. v. Albany Guardian Soc., 214 N. Y. 435; Matter of Waring, 293 N. Y. 186; Burritt v. Silliman, 13 N. Y. 93; Matter of Mahlstedt, 140 Mise. 245,-234 App. Div. 891; Matter of Matthiessen, 175 Mise. 466; Matter of Merritt, 155 App.
Read the full summary
I. The judgment debtor’s renunciation of his legacy to defeat his creditor after the receiver’s title had attached and in violation of the restraining orders and the Debtor and Creditor Law of this State, was void and ineffective. (Albany Hosp. v. Albany Guardian Soc., 214 N. Y. 435; Matter of Waring, 293 N. Y. 186; Burritt v. Silliman, 13 N. Y. 93; Matter of Mahlstedt, 140 Mise. 245,-234 App. Div. 891; Matter of Matthiessen, 175 Mise. 466; Matter of Merritt, 155 App. Div. 228; Matter of Wolfe, 89 App. Div. 349; Matter of Clarkson, 137 Mise. 741; People v. Flanagin, 331 Ill. 203; Crane v.…
1Opinion of the CourtCoNway, J.
The facts presented for our consideration are not in dispute. They are established by court documents, exhibits and a stipulation of the parties to a statement of facts proven pursuant to rule 230 of the Buies of Civil Practice. In 1929, one Maria Eckerlein recovered judgment against Leslie B. Wilson, (hereinafter referred to as debtor) the now deceased respondent. Thereafter, in March of 1945, his mother, Kate B. Wilson, died leaving a will and codicil, which were probated in April, 1945, by which he received as a legacy one third of her residuary estate. The remaining two thirds were…
2Cases cited3 opinions
- Oliver v. WellsNew York Court of Appeals · 1930
- Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
- Hallett v. ThompsonNew York Court of Chancery · 1836
3Cited by29 opinions
- David C. Mapes, Jr. Nancy Dodds Mary Gail Hentzen v. United StatesCourt of Appeals for the Ninth Circuit · 1994
- Jewett v. CommissionerUnited States Tax Court · 1978
- Estate of Hoenig v. CommissionerUnited States Tax Court · 1976
- In Re Theodore A. Kolb, Debtor. Robert M. Cassel, on Behalf of This Chapter 11 Estate v. Hilde Kolb, Trustee Jonathan Kolb Richard Kolb Douglas KolbCourt of Appeals for the Ninth Circuit · 2003
- In re the Estate of MixterNew York Surrogate's Court · 1975
24 more not listed; retrieve them via the Exa API.