Matter of Pirie
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 22, 1909, which reversed a decree of the Kings County Surrogate’s Court directing the sale of real property for the payment of the debts of a decedent. The facts, so far as material, are stated in the opinion. The petition states facts sufficient to authorize a sale under title 5 of chapter 18 of the Code of Civil Procedure.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 22, 1909, which reversed a decree of the Kings County Surrogate’s Court directing the sale of real property for the payment of the debts of a decedent. The facts, so far as material, are stated in the opinion. The petition states facts sufficient to authorize a sale under title 5 of chapter 18 of the Code of Civil Procedure. (Matter of German Bank, 39 Hun, 181; Matter of Williams Estate, 1 Misc. Rep. 35.) The claim of John T. Pirie is such a claim as real property may be sold…
1Opinion of the CourtHaight, J.
Adele M. Downing died in Kings county on September 29th, 1905, seized in fee of the premises described in the decree, leaving a last will and teslament, by which she devised such premises to one Elizabeth A. Downing, her daughter-in-law, whom she appointed sole executrix under lier will. It further appears that Elizabeth A. Downing conveyed the land in question to one Raphael Krasnow on the 16th day of December, 1905, and subsequently and within three years of the testatrix’s death, John T. Pirie petitioned the surrogate for a sale of such real estate for the payment of debts, alleging in his…
2Cases cited11 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- People v. . CoreyNew York Court of Appeals · 1896
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Whittington v. Dragon Group, L.L.C.Supreme Court of Delaware · 2009
- Cochran v. TaylorNew York Court of Appeals · 1937
- Brooklyn Public Library v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1928
- Caputo v. DilorettoSupreme Court of Connecticut · 1930
- Empire Trust Co. v. HeinzeNew York Court of Appeals · 1926
22 more not listed; retrieve them via the Exa API.