In Re the Real Property of Hatch
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 11, 1904, which reversed a decree of the Monroe County Surrogate’s Court made in a proceeding for the sale of real property of a decedent for the payment of debts, disallowing the claim of the executrix for expenses of administration of said decedent’s estate. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 11, 1904, which reversed a decree of the Monroe County Surrogate’s Court made in a proceeding for the sale of real property of a decedent for the payment of debts, disallowing the claim of the executrix for expenses of administration of said decedent’s estate. The facts, so far as material, are stated in the opinion. Prior to September 1, 1904, there was no authority for the reimbursement of an executor or an administrator for expenses of administration or will contest out of…
1Opinion of the CourtVann, J.
In this proceeding, to sell real estate for the payment' of debts, the material facts are as follows: Elam A. Hatch, a resident of the county of Monroe, died February 4tli, 1899, leaving a. will, which after a long contest was finally admitted to probate. (Matter of Hatch, 57 App. Div. 635; 75 App. Div. 609 ; 176 N. Y. 592.) In the meantime there was. temporary administration of the estate, which was superseded by permanent administration upon the probate of the will. The personal assets were exhausted and the debts and funeral expenses were wholly unpaid, so that it became necessary to sell…
2Cases cited4 opinions
- Ball v. MillerNew York Supreme Court · 1858
- In re the Administration of the Goods, Chattels, & Credits of SummersNew York Surrogate's Court · 1902
- Hickok-Aldrich Co. v. MungerAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Sale of the Real Property for the Payment of the Debts of the Estate of QuatlanderNew York Surrogate's Court · 1899
3Cited by3 opinions
- In re LiscombNew York Surrogate's Court · 1908
- In re the Estate of CilentoNew York Surrogate's Court · 1933
- In re the Estate of GreenNew York Surrogate's Court · 1927