Home Insurance Co. v. Lyon
New York Surrogate's Court
Application by the Home Insurance company, upon the judicial settlement of executors’ account, for a preferred dividend out of assets of the estate; opposed by Samuel E. Lyon and others, executors of the will of D. H. Haight, a deceased creditor. -
1Opinion of the Court
The Surrogate.
It appears from the account that the estate of John Halsey, deceased, is insolvent, and that the executors, in June, 1882, filed an intermediate account, upon which a decree was made distributing the assets then in their hands pro rata among the creditors who then presented their claims.
The Home Insurance Co. held a claim secured by way of mortgage, which they did not foreclose until after the intermediate accounting. They have since foreclosed the same, and obtained a judgment for deficiency on October 14th, 1882, for $2691.72, and now ask, upon the final settlement of the…
2Cases cited1 opinion
- Williams v. EatonNew York Surrogate's Court · 1878