Hughes v. Golden
New York Supreme Court
Motion to confirm referee’s report, in partition and hear- - ing of exceptions, filed by unsecured creditors who were found by the referee to have no lien upon or interest in the real estate or proceeds of sale.
1Opinion of the CourtMaddox, J.
The personal estate is the primary fund for the payment of debts and when found to he insufficient., the land may be resorted to, hut such proceedings must he had within three years after letters were first issued. Code Civ. Pro., § 2750: Here that period of time has long since *129elapsed, and though the personalty was insufficient, such proceeding was not instituted by the administrator or any creditor. The account of the administrator has been settled and passed, and the claims of the creditors have been established on the accounting proceeding to which it appears the heirs were parties.
While…