Laird v. Arnold
New York Supreme Court
Appeal from an order of the Surrogate’s Court for the county of Livingston, directing the sale of the real estate owned by Ashbel H. Arnold at the time of his death for the payment of his debts.
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Appeal from an order of the Surrogate’s Court for the county of Livingston, directing the sale of the real estate owned by Ashbel H. Arnold at the time of his death for the payment of his debts. The said order also provided that out of the avails of such sale the petitioners be allowed their costs and expenses of the proceeding, which were adjusted at $209.38. The petitioners’ claim amounted to $443. It was the price of a tombstone or monument sold by them to the administrator and erected in memory of the deceased. His estate was valued at from $10,000 to $15,000. He left him surviving two…
1Opinion of the Court
BARKER, J.:
The contestants object that the surrogate failed to acquire jurisdiction of the subject-matter because the petition is defective, for the reason it does not set forth the facts required by section 3, chapter 6, title 4 of the second part of the Revised Statutes. That section is applicable only when proceedings for the sale of the real estate of the decedent are instituted by the executor or administrator of his estate. When* a creditor applies for a sale of the lands for the same purpose the creditor, in framing his petition, must comply with chapter 460, Laws of 1837, as the same…
2Cases cited4 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- In re MaceNew York Surrogate's Court · 1880
- Wood v. McChesneyNew York Supreme Court · 1863
- In re LambersonNew York Supreme Court · 1872