Legal Opinion

Beard, Appeal From Probate

Supreme Court of Connecticut

Decided January 4, 1906PublishedCited by 23 opinions

Appeal from a decree of the Court of Probate for the district of Huntington disallowing a payment of a mortgage debt of $1,800 made by the administrator without presentation of the mortgage note or any demand by the payee and mortgagee, taken to and reserved by the Superior Court in Fairfield County, Georye W. Wheeler, J., upon a finding of facts, for the advice of this court.

1Opinion of the CourtBaldwin, J.

The intestate owned at the time of his decease land which he had mortgaged to a savings-bank to secure his- own notes for $2,100, payable on demand, with interest, for money borrowed from it. By order of the Court of Probate the period allowed for the presentation of plaims against the estate was fixed at six months from February 17th, 1902. Within this time an inventory was returned which showed that the land was subject to this mortgage indebtedness to the bank, and the administrator paid it the interest then due upon the notes. After the six months had expired he paid the bank $1,800 on…

2Cases cited5 opinions

  1. Sutherland v. HarrisonIllinois Supreme Court · 1877
  2. Turner v. LairdSupreme Court of Connecticut · 1896
  3. Brainerd v. CowdreySupreme Court of Connecticut · 1843
  4. Berrigan v. PearsallSupreme Court of Connecticut · 1878
  5. Dime Savings Bank v. McAlenneySupreme Court of Connecticut · 1903

3Cited by23 opinions

  1. Cook v. HirschbergCourt of Appeals for the Second Circuit · 1958
  2. Padula v. PadulaSupreme Court of Connecticut · 1951
  3. State v. GoldfarbSupreme Court of Connecticut · 1971
  4. Jacobs v. ButtonSupreme Court of Connecticut · 1906
  5. Raymond v. BaileySupreme Court of Connecticut · 1922

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