Richardson v. Judah
New York Surrogate's Court
I. The Surrogate, by 2 R. S., p. 100, § 8, is to decide whether there is real estate subject to his order; and the administrators are bound to set out the facts, that a decision may be had. 1st. "Whether there is real estate that can be affected by the Surrogate’s decree. This question involves the whole merits, and should now be decided. 2d. The Surrogate cannot make an order affecting the property already sold under the- decree in the partition and foreclosure suits.
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I. The Surrogate, by 2 R. S., p. 100, § 8, is to decide whether there is real estate subject to his order; and the administrators are bound to set out the facts, that a decision may be had. 1st. "Whether there is real estate that can be affected by the Surrogate’s decree. This question involves the whole merits, and should now be decided. 2d. The Surrogate cannot make an order affecting the property already sold under the- decree in the partition and foreclosure suits. The sales in these suits changed the seisin of the intestate in the lands into assets, and converted the real estate into…
1Opinion of the Court
The Surrogate.
The petitioners apply, as creditors of the intestate, for the sale of his real estate for the payment of his debts. Letters of administration were issued, March 15, 1849, and the accounts of the administrators were duly settled before the Surrogate, March 12, 1851. There not being sufficient personal assets to pay the debts, the present proceeding was instituted, January 7,1852. The real estate described in the petition as the property of which the intestate died seized, is the undivided fourth-part of several lots of land in the city of New York. On the return of the order to…
2Cited by1 opinion
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