In re Wing
New York Supreme Court
Appeal from special term, Erie county. Petition by James C. Wing and others for an order directing the committee of a lunatic to pay a judgment recovered by respondents before inquisition found, but upon which execution was-not issued until after the appointment of the committee. The petition was granted, and the committee appeals.
1Opinion of the CourtDwight, P. J.
The petitioners, having failed to issue exemption on their judgment until after the personal property had come into the hands of the committee, acquired no lien thereon, and, so-far as we understand, are entitled to no preference in the distribution of that estate. The statutory prescription in this respect is that the court must provide for the payment of the debts' of the lunatic out of the proceeds of his property. Code Civ. Proc. § 2321. This, of course, means all of his debts, so far as his property will go, and necessitates a pro rata distribution in case the property is not sufficient…
2Cases cited1 opinion
- Matter of Application of OtisNew York Court of Appeals · 1886
3Cited by6 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Judicial Settlement of the Accounts of FisherAppellate Division of the Supreme Court of the State of New York · 1938
- In re LanningNew York Supreme Court · 1942
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of Taylor, New York County Courts1912
1 more not listed; retrieve them via the Exa API.