Matter of Roberts
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 4, 1914, which affirmed a decree of the Herkimer County Surrogate’s Court directing the sale of real property of Abby A. Parsons, deceased, for the purpose of paying her debts and funeral expenses. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 4, 1914, which affirmed a decree of the Herkimer County Surrogate’s Court directing the sale of real property of Abby A. Parsons, deceased, for the purpose of paying her debts and funeral expenses. The facts, so far as material, are stated in the opinion. Under the provisions of the Code of Civil Procedure then in force this petitioner, John B. Boberts, being the holder of a disputed and rejected claim, could not compel a sale of decedent’s real estate until claimant’s standing…
1Opinion of the Court
Willard Bartlett, Ch. J.
From 1899 to 1904 one Riley Parsons, the husband of Abby A. Parsons, and John E. Roberts were copartners at Old Forge in Herkimer county where they carried on the business of boat building under the firm name of Parsons & Roberts. In February, 1903, the father of John E. Roberts loaned the firm $1,200, having previously advanced $300 to the copartnership, making a total loan of $1,500, all of which was actually used in the building and equipment of the firm’s boat shop and in payment for machinery used in the business. The firm thereupon executed to the lender on…
2Cases cited4 opinions
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- Kingsland v. . MurrayNew York Court of Appeals · 1892
- Matter of Application of HaxtunNew York Court of Appeals · 1886
3Cited by11 opinions
- William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Wise v. WedlakeAppellate Division of the Supreme Court of the State of New York · 1926
- In re the Estate of FryNew York Surrogate's Court · 1961
- Burg v. City of Buffalo (In Re Burg)United States Bankruptcy Court, W.D. New York · 2003
- Matter of ReedNew York Court of Appeals · 1915
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