Luce v. Burchard
New York Supreme Court
Appeal from Monroe county court. Action by George W. Luce, as administrator, against Oscar A. Burchard and others, to foreclose a mortgage. From a final order directing the distribution of surplus moneys arising on the foreclosure sale, defendant Sarah J. Decker and the infant defendant, Jane A. Burchard, appeal.
1Opinion of the CourtLewis, J.
This is a controversy over surplus moneys arising from the sale under foreclosure of a mortgage. Carrie J. Decker Burchard was the wife of the defendant Oscar A. Burchard, and died at the city of Rochester, leaving a last will and testament, which was made and executed in the year 1885, after her marriage, and prior to the birth of her only heir at law, Jane A. Burchard, one of the appellants. It is provided by the will:
“First. After all my lawful debts are paid and discharged, I give and devise my house and lot, situate upon Champlain street, in the city of Rochester, Monroe county, N. Y.,…
2Cases cited1 opinion
- In Re the Distribution of the Surplus Money Arising Upon the Sale of the Real Estate of ZahrtNew York Court of Appeals · 1884
3Cited by2 opinions
- Matter of MurphyNew York Court of Appeals · 1895
- In re the Judicial Settlement of the Account of GodwinNew York Surrogate's Court · 1912