Leviness v. Cassebeer
New York Surrogate's Court
Henry J. Meyer died November 4th, 1877, seized of certain real estate in Westchester county, where he resided, and also of several parcels of real estate in the city of New York, all of which had previously been mortgaged by him to different persons. He left a will, which was duly proven, and the executors thereafter applied for a settlement of their accounts as such. The estate was insolvent.
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Henry J. Meyer died November 4th, 1877, seized of certain real estate in Westchester county, where he resided, and also of several parcels of real estate in the city of New York, all of which had previously been mortgaged by him to different persons. He left a will, which was duly proven, and the executors thereafter applied for a settlement of their accounts as such. The estate was insolvent. Several persons appeared and represented that they were mortgagees of the testator, who had foreclosed their mortgages since his death, and bought in the premises for less than the amounts secured; that…
1Opinion of the Court
The Surrogate.
The claims made in this case are novel. None of them existed in the hands of the claimants at the time of the death of the testator, but have arisen since, and are based upon the fact that they have paid, or will be obliged to pay, moneys which the executors should have paid, and which had a preference of payment over ordinary debts. For convenience of examination I will make two classes of these claims. In the first are those of the executors of Lockwood, the executors of Miller, Leviness and Gillilan. They, except Gillilan, claim to have paid taxes assessed against the estate…
2Cases cited8 opinions
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Robinson v. . RyanNew York Court of Appeals · 1862
- Jumel v. JumelNew York Court of Chancery · 1839
- Eddy v. TraverNew York Court of Chancery · 1837
- Magee v. VedderNew York Supreme Court · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Martine's EstateNew York Surrogate's Court · 1882
- Greene v. DayNew York Surrogate's Court · 1882
- In re WhiteNew York Surrogate's Court · 1888