Legal Opinion

Matter of Reed

New York Court of Appeals

Decided July 11, 1917Published

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 21, 1917, which affirmed a decree of the Warren County Surrogate’s Court directing the sale of real estate of Henry M. Bailey, deceased, for the payment of his debts. Also appeal from an order of said Appellate Division entered May 8, 1917, which affirmed an order of the Warren County Surrogate’s Court denying a motion for additional security for costs.

1Opinion of the CourtPound, J.

This proceeding is here for the fourth time. We sent it back once because no citation to creditors generally had been issued (214 N. Y. 383), and again because the citation was published without obtaining an order of publication (218 N. Y. 711).

We said (219 N. Y. 543) in denying a motion for re-argument on the second appeal that “Nothing in our decision concludes the appellant Blanche T. Bechoff from proving that a deed had been delivered to her, and thereby making herself a party to the proceeding. ”

When the matter came before the surrogate after our decision he refused to receive in…

2Cases cited2 opinions

  1. Matter of ReedNew York Court of Appeals · 1915
  2. Matter of ReedNew York Court of Appeals · 1916

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