Doscher v. Murphy

Betty Murphy died on January 14, 1937, leaving a last will and testament which was admitted to probate in the Surrogate’s Court, Queens County. Letters testamentary were issued to James D. Meenan, and he qualified as executor. Testatrix left her surviving a husband and five infant children. Included in the decedent’s estate was certain real property in Queens county, incumbered by a mortgage upon which there was due $6,000. Upon default in the payment of taxes and water rates the plaintiff, as assignee of the mortgage, on April 8, 1940, elected to declare *264the whole of the unpaid principal to…