In re the Judicial Settlement of the Account of Proceedings of Doyle
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioning creditor, Edward F. Cole, from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 17th day of March, 1917, judicially settling the account of the administrator herein and denying the appellant’s petition for the sale of the real estate owned by the intestate at the time of his death for the payment of his debts.
1Opinion of the Court
Page, J.:
The facts were stipulated before the surrogate, and the only oral evidence that was received was the testimony of experts as to the value of the real estate.
Max Rechnitzer died intestate in the county of New York on March 10, 1912. Letters of administration were duly granted on December 16, 1913, upon a petition presented within two years after decedent’s death. The decedent prior to his death was seized of two parcels of real estate, one of which was held by the decedent and his wife as tenants by the entirety, and was incumbered by a mortgage executed by himself and wife to secure…
2Cases cited7 opinions
- In re the Final Judicial Settlement of the Account of HolzworthAppellate Division of the Supreme Court of the State of New York · 1915
- In Re the Accounting of HolzworthNew York Court of Appeals · 1915
- Platt v. . PlattNew York Court of Appeals · 1887
- Hyde v. TannerNew York Supreme Court · 1847
- Jewett v. KeenholtsNew York Supreme Court · 1853
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3Cited by5 opinions
- Buoneto v. BuonetoAppellate Division of the Supreme Court of the State of New York · 1938
- In re an Application for Leave to Enter Into Possession & to Manage & Control & Receive the Rents of Real Property Left by MouldNew York Surrogate's Court · 1920
- In re the Estate of LustNew York Surrogate's Court · 1931
- In re the Judicial Settlement of the Account of Proceedings of WarshauerAppellate Division of the Supreme Court of the State of New York · 1918
- Matter of KahnAppellate Division of the Supreme Court of the State of New York · 2019