Legal Opinion

In re the Judicial Settlement of the Accounts of Egan

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1921PublishedCited by 2 opinions

Appeal by John Murphy, husband of Hannah Egan Murphy, deceased, and one of the persons named as devisee in her last will and testament, from that part of an order of the Surrogate’s Court of Onondaga county, entered in the office of said surrogate on the 16th day of October, 1920, directing the county treasurer of said county to pay over to the executor herein the sum of $5,476.05, proceeds of the sale of real property of the deceased deposited with said county treasurer,…

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Appeal by John Murphy, husband of Hannah Egan Murphy, deceased, and one of the persons named as devisee in her last will and testament, from that part of an order of the Surrogate’s Court of Onondaga county, entered in the office of said surrogate on the 16th day of October, 1920, directing the county treasurer of said county to pay over to the executor herein the sum of $5,476.05, proceeds of the sale of real property of the deceased deposited with said county treasurer, pursuant to a final judgment of the Supreme Court' in a partition action.

1Opinion of the Court

Hubbs, J.:

On March 25, 1918, Hannah Egan Murphy died leaving a last will and testament which was admitted to probate in the Surrogate’s Court of Onondaga county. Within eighteen months after her death an action to partition the real property of which she died seized was commenced by her husband, John Murphy. An interlocutory judgment in such partition action was entered which directed a sale by a referee of the real estate free and clear of all liens and incumbrances. Thereafter a report of sale was made and a final judgment was duly entered. After providing for the payment of hens, taxes,…

2Cases cited2 opinions

  1. In re the Estate of DusenburyNew York Surrogate's Court · 1901
  2. Lichtenberg v. LichtenbergAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by2 opinions

  1. In re the Estate of CunniffNew York Surrogate's Court · 1935
  2. Farrell v. FarrellAppellate Division of the Supreme Court of the State of New York · 1923

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