Thomson v. . Taylor
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term providing for a distribution of the funds in the hands of a receiver herein. James B. Taylor, late of the city of New York, died August 22, 1871, leaving a will by which defendant, Laura S. Taylor, was appointed his executrix. Milton II.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term providing for a distribution of the funds in the hands of a receiver herein. James B. Taylor, late of the city of New York, died August 22, 1871, leaving a will by which defendant, Laura S. Taylor, was appointed his executrix. Milton II. Taylor brought suit against said executrix upon negotiable paper made by the deceased and recovered judgment thereon. Upon proofs made before the surrogate of New York to the effect that the estate had ample assets to pay all…
1Opinion of the CourtAndrews, J.
The authority vested in the surrogate by 2 Eevised Statutes, 116, section 18, to decree the payment by an executor or administrator of a debt owing by a deceased person, or a proportional part thereof, at any time after six months from the granting of letters testamentary, or of administration, and of a legacy or distributive share after the expiration of a year from that time, is to be exercised in conformity with, and not in hostility, to the general principle of equity among creditors, which is a distinguishing feature of the system for the administration of the estates of decedents…
2Cited by4 opinions
- Van Matre v. SankeyIllinois Supreme Court · 1893
- Matter of Application, Etc., of MacAulayNew York Court of Appeals · 1884
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- In re the Estate of MinerNew York Surrogate's Court · 1903