Legal Opinion

Kenney v. Geoghegan

City of New York Municipal Court

Decided May 28, 1886Published

Appeal by H. N. Camp, temporary administrator, etc., of the defendant, from orders granting leave to issue executions on judgments recovered against the decedent in his life-time.

1Opinion of the Court

McAdam, Ch. J.

The entire system of legislation upon the subject shows that with °few well defined exceptions the estates of deceased persons are to be administered by the persons upon whom the trust devolves, by and under the direction of the surrogate’s court, without outside interference or control. The statute directs that executors and administrators shall proceed with diligence to pay the debts of the deceased, and it designates the order of. their payment. 3 R S. (6th ed,), 95, § 37. The third subdivision of the section cited, provides for the payment of “judgments docketed, and decrees…

2Cases cited13 opinions

  1. Wood v. . MorehouseNew York Court of Appeals · 1871
  2. Glacius v. . FogelNew York Court of Appeals · 1882
  3. Wallace v. . SwintonNew York Court of Appeals · 1876
  4. Ainslie v. RadcliffNew York Court of Chancery · 1839
  5. Cook v. KraftNew York Supreme Court · 1871

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