In re the Application to Mortgage, Lease or Sell the Real Estate of Meagley
Appellate Division of the Supreme Court of the State of New York
Appeal by the City National Bank of Binghamton, N. Y., and others from a decree of the Surrogate’s Court of Broome county, entered in said Surrogate’s Court on the B:li day of March, 1898, directing a sale of certain real estate belonging to the decedent for the payment of his debts, with notice of an intention to bring up for review upon such appeal an intermediate order entered in said Surrogate’s Court on the 22d day of February, 1893, directing that a citation issue to…
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Appeal by the City National Bank of Binghamton, N. Y., and others from a decree of the Surrogate’s Court of Broome county, entered in said Surrogate’s Court on the B:li day of March, 1898, directing a sale of certain real estate belonging to the decedent for the payment of his debts, with notice of an intention to bring up for review upon such appeal an intermediate order entered in said Surrogate’s Court on the 22d day of February, 1893, directing that a citation issue to certain persons therein named requiring them to show cause why a decree should not be made for the disposition of .the…
1Opinion of the Court
Landojst, J.:
The petitioner, Anna E. Corby, established her claim of $8,200 against the estate of the testator. The appellants, the First National Bank of Binghamton, and the City National Bank of Binghamton, have derived title from the executrix, his sole devisee, to certain of the real estate of the testator, which the surrogate has directed to be sold for the payment of his debts. They challenge the decree under section 2759 of the Code of Civil Procedure, on the ground, among others, that although the surrogate found that all of the personal property of the testator which could have been…
2Cases cited4 opinions
- Pope v. . ColeNew York Court of Appeals · 1873
- Kingsland v. . MurrayNew York Court of Appeals · 1892
- Matter of BinghamNew York Court of Appeals · 1891
- In re Proceedings of GeorgiNew York Surrogate's Court · 1897
3Cited by2 opinions
- Personeni v. . GoodaleNew York Court of Appeals · 1910
- In re the Estate of LichtensteinNew York Surrogate's Court · 1896