Lord v. Anderson
New York County Courts
Motion for the confirmation of the report of the referee appointed in proceedings to distribute a surplus arising upon the foreclosure of a mortgage.
1Opinion of the CourtStephens, J.
The referee reports that the surplus should be distributed to the devisees under the will of Sarah A. Whitbeclc, and that there are no other liens against the sur plus superior to the right of said devisees.
The confirmation of the report is oppiosed by a creditor of said Whitbeclc who secured a judgment against the executor of the will of said Sarah A. Whitbeclc, individually and in his representative capacity; and it is the debt established by *594this judgment that is claimed to he a charge against the surplus prior to the interests of the devisees.
The facts upon which the objections rest are…
2Cases cited4 opinions
- Mead v. . JenkinsNew York Court of Appeals · 1884
- Felts v. MartinAppellate Division of the Supreme Court of the State of New York · 1897
- In re Callaghan's EstateNew York Supreme Court · 1893
- Hughes v. GoldenNew York Supreme Court · 1904