Butler v. . Johnson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 1, 1886, which reversed a judgment of the Special Term in favor of defendant and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 1, 1886, which reversed a judgment of the Special Term in favor of defendant and ordered a new trial. (Beported below, 14 Hun, 206.) This action was brought by plaintiffs, who claimed, as purchasers of real estate, of which William P. Johnson died seized, to restrain defendant, as executrix of the will of said Johnson, from selling said real estate to pay debts and legacies. Said testator died June 21, 1871, leaving a will, which, with various codicils, were admitted to probate June 28,…
1Opinion of the CourtPeckham, J.
The debts were barred by the statute of limitations at the time the defendant commenced her advertisement of her intended sale of the real estate of the plaintiff’s for the purpose of paying them. They were simple contract debts, and became outlawed, at most, in six years after the expiration of eighteen months from the death of the testator.
Even though a creditor of an estate was not bound, as the law stood in 1872, to institute proceedings to compel the sale of real estate to pay debts until after an executor or administrator had rendered an account, such omission did not stop the running…
2Cases cited11 opinions
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- Loder v. . HatfieldNew York Court of Appeals · 1877
- Borst v. . CoreyNew York Court of Appeals · 1857
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Rundle v. . AllisonNew York Court of Appeals · 1866
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3Cited by87 opinions
- Schutz v. . MoretteNew York Court of Appeals · 1895
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- Mason v. . HenryNew York Court of Appeals · 1897
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
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