In Re the Accounting of the Executors of Bolton
New York Court of Appeals
Appeal -from judgment ' of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 10, 1894, which reversed a judgment entered upon a decree of the surrogate of Westchester county settling the accounts of the executors of Ann Bolton, deceased. The facts, so far as material, are stated in the opinion. The executors claim that they have used the proceeds of the last sale in paying the debts of Ann Bolton.
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Appeal -from judgment ' of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 10, 1894, which reversed a judgment entered upon a decree of the surrogate of Westchester county settling the accounts of the executors of Ann Bolton, deceased. The facts, so far as material, are stated in the opinion. The executors claim that they have used the proceeds of the last sale in paying the debts of Ann Bolton. This they had no right to do. The will of decedent does not charge the payment of her debts upon the realty, nor does it direct or…
1Opinion of the CourtO’Brien, J.
In this proceeding it was held by the learned surrogate that the executors were not entitled to reimburse themselves out of the proceeds of the sale of real estate in their hands for the amount paid by them iii discharge of the debts of the testatrix over and above the sum realized for that purpose from the personal estate. The testatrix died September 27, 1882, and letters were granted to the executors in November following. In November, 1892, the executors accounted and by the decree then entered it was adjudged that the estate was indebted to them on account of debts of the testatrix paid…
2Cases cited1 opinion
- Erwin v. . LoperNew York Court of Appeals · 1871
3Cited by7 opinions
- In re the Estate of BarandonNew York Surrogate's Court · 1903
- In re the Estate of LockwoodNew York Surrogate's Court · 1935
- Mapleton Trust & Savings Bank v. WilsonSupreme Court of Iowa · 1934
- Baldwin v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of NewellNew York Surrogate's Court · 1902
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