In re Lamberson
New York Supreme Court
APPEAL from an order made at a special term, on exceptions to referee’s report as to moneys arising from a sale of real estate under the order of a surrogate.
1Opinion of the Court
By the Court, Barrett, J.
The statute provides that where the real estate of a deceased person “ shall have been sold by virtue of the order of a surrogate, the moneys arising from such sale shall be brought into the office of the surrogate granting such order, for the purpose of distribution, and shall be by him retained for that purpose.” (2 R. S. 106, § 35.) It is further provided, (Id. §36,) “that the surrogate shall, in the first place, payout of the said moneys the charges and expenses of the sale.”
There can be no lien upon such moneys, even for the fees and disbursements upon the…
2Cited by1 opinion
- Laird v. ArnoldNew York Supreme Court · 1886