In re Liscomb

Ketcham, S.

The question is whether or not the expenses for the administration of an estate are payable from the proceeds of the sale of decedent’s land for the payment of debts and funeral expenses. While the present proceeding is for the distribution of the surplus arising upon foreclosure against the *599decedent’s real estate, the fund is to be disposed of as if it were the proceeds of a sale pursuant to decree. Code Civ. Pro., § 2799.

Chapter 750 of the Laws of 1904 contains a radical amendment to the portion of the Code providing for the sale of decedent’s lands for the payment of debts and…