Harris v. Meyer
New York Surrogate's Court
An application having been made by the executors for a final accounting, Catharine M. Harris presented a petition showing that, in May, 1875, the testator leased from the rector, church wardens and vestrymen of Trinity Church, in New York, certain premises, known as Nos. 437, 439 and 441 Greenwich street, for the term of twelve years, with renewals, at the yearly rent of $2,400, payable semi-annually; that in October, 1877, the testator gave to her a bond, accompanied by a…
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An application having been made by the executors for a final accounting, Catharine M. Harris presented a petition showing that, in May, 1875, the testator leased from the rector, church wardens and vestrymen of Trinity Church, in New York, certain premises, known as Nos. 437, 439 and 441 Greenwich street, for the term of twelve years, with renewals, at the yearly rent of $2,400, payable semi-annually; that in October, 1877, the testator gave to her a bond, accompanied by a mortgage on said premises, to secure the payment of the sum of $15,000; that the buildings on the premises were occupied…
1Opinion of the Court
It was the duty of the executors to assume control of the premises and to receive the profits thereof. *453(Miller v. Knox, 48 N. Y., 232, 237.) Having received the profits of the premises, it was the duty of the executors to pay the amount, to the extent of the rent, to the landlord, and they are personally liable therefor. (Miller v. Knox, above; Remnant v. Bremridge, 8 Taunt., 191; Rubery v. Stevens, 4 B. & Ad., 241; Tremeere v. Morison, 1 Bing., N. C., 89.) Nothing is assets in the hands of the executors except the profits above the rents. (Hargreave’s case, 5 Coke, 31, b.)
The Revised…
2Cases cited5 opinions
- Seaman v. DuryeaNew York Supreme Court · 1851
- Bliss v. SheldonNew York Supreme Court · 1849
- Marston v. PauldingNew York Court of Chancery · 1842
- Kirby v. CarpenterNew York Supreme Court · 1849
- Miller v. . KnoxNew York Court of Appeals · 1872
3Cited by1 opinion
- Woodruff v. WoodruffNew York Surrogate's Court · 1885