Luers v. Brunges
New York Supreme Court
Demubbeb to complaint. The action is for the foreclosure of a mortgage. The complaint alleges that Henry Luers died on the third day of January, 1865, leaving a last will and testament, which was admitted to probate by the surrogate of the county of Hew York, by which will Lawson H. Fuller, and Peter.
Read the full summary
Demubbeb to complaint. The action is for the foreclosure of a mortgage. The complaint alleges that Henry Luers died on the third day of January, 1865, leaving a last will and testament, which was admitted to probate by the surrogate of the county of Hew York, by which will Lawson H. Fuller, and Peter. Brunges, were appointed executors thereof; that upon the 8th day of March, 1865, letters testamentary were granted and issued to Fuller and Brunges, as executors, and that they entered upon the duty o£ their office. That the defendants Brunges and Ockershausen, for the purpose of securing the…
1Opinion of the CourtVan Vorst, J.
If the fact "was that the mortgage in question was among the assets of the testator, in specie, there can he no question but that by operation of law the plaintiffs, who have been appointed administrators, de bonis non, with the will annexed, have a legal title thereto.
By their appointment, in the room of the executors named in the will who have been removed, the' plaintiffs became the sole representatives of the estate and are charged with the administration of the assets not already administered. Their title dates from the death of the testator, and they may recover not only upon causes of…
2Cases cited1 opinion
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
3Cited by4 opinions
- Caulkins v. . BoltonNew York Court of Appeals · 1885
- Bayer v. PhillipsNew York Supreme Court · 1886
- Caulkins v. BoltonNew York Supreme Court · 1884
- Howe v. StrikerThe Superior Court of the City of New York and Buffalo · 1893