Levy v. Salerno

This is an action brought pursuant to section 170 of the Decedent Estate Law by a creditor of a decedent against the legatees named in his will to recover to the extent of the assets paid to them for the debt of the decedent.

The decedent, Eugene Salerno, had a running account with the plaintiff for many years for goods sold and delivered. At the time of his death decedent owed the plaintiff $6,513.74. Part of this debt was evidenced by two notes, one for $1,700 executed on October 2. 1944, and the other for $3,600 executed on March 20, 1946.

On December 15, 1945, the decedent made a will in…