Bernes v. Weisser

The Surrogate.

The assets of the intestate being insufficient for the payment of all his debts in full, Carl Bernes, one of the creditors, presents a demand for which he claims priority. The intestate, in the month of January, 1849, signed a stipulation in admiralty in a cause wherein Bernes was libellant. On the sixth of the succeeding June, a decretal order of reference was made to ascertain and compute the amount due the libellant; on the 29th of December the Commissioner reported, and on the 2d of January, 1850, a final decree was entered, and judgment was also recovered against the…