Jumel v. Jumel
New York Court of Chancery
This was an appeal from the sentence or decree of the surrogate of the city and county of New York, made upon the settlement of the account of the appellant, as the admin* istratix of S. Jumel her late husband, upon the application of the respondents who were entitled to a distributive share of his estate.
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This was an appeal from the sentence or decree of the surrogate of the city and county of New York, made upon the settlement of the account of the appellant, as the admin* istratix of S. Jumel her late husband, upon the application of the respondents who were entitled to a distributive share of his estate. And the only question arising upon the appeal was, whether the administratix was entitled to be allowed, upon the settlement of the account, and the distribution of the estate, for the principal and interest of a bond and mortgage, paid by her under the following circumstances: In September…
1Opinion of the Court
The Chancellor.
The two questions which present themselves for consideration on this appeal are; whether as between the estate of S. Jumel the intestate, and the owner of the mortgaged premises at the time of his death, the land was the primary fund for the payment of the mortgage debt ? and if so, whether the surrogate was authorized to settle this question between the parties, and to disallow the claim of the administratix to a credit for the amount paid by her for the principal and interest due on the mortgage 1 Previous to the revised statutes, where a decedent died seized of real estate…
2Cited by39 opinions
- Hyland v. . BaxterNew York Court of Appeals · 1885
- Johnson v. . ZinkNew York Court of Appeals · 1873
- Bowen v. ChaseSupreme Court of the United States · 1877
- Georgia Southern Railroad v. ReevesSupreme Court of Georgia · 1880
- Webster v. Van SteenberghNew York Supreme Court · 1864
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