Bogert v. Furman
New York Court of Chancery
This case came before the court upon the application of A. McCalla, to ascertain the rights and interests of himself and others in a fund in court, amounting to $2490, with the interest thereon from the death of the defendant, E. Furman the elder, who died on the 28th of October, 1842. The facts in the case, as ascertained by the report of Master Wheeler, were as follows : E. Furman the elder, widow of Josiah Furman the elder, was the grantee in fee of the mortgaged…
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This case came before the court upon the application of A. McCalla, to ascertain the rights and interests of himself and others in a fund in court, amounting to $2490, with the interest thereon from the death of the defendant, E. Furman the elder, who died on the 28th of October, 1842. The facts in the case, as ascertained by the report of Master Wheeler, were as follows : E. Furman the elder, widow of Josiah Furman the elder, was the grantee in fee of the mortgaged premises, at the time the decree of foreclosure in this cause was entered, in April, 1805, but in fact she was only entitled to…
1Opinion of the Court
The Chancellor.
By the foreclosure of the mortgage the equitable interests of the children and grandchildren of Elizabeth Furman the elder, in the equity of redemption of the mortgaged premises,were converted into personal estate. And the fund must be distributed, as such, among the legatees and next of kin of the several parties who from time to time became entitled to the same. The personal representatives of the several deceased parties are the proper persons to receive their shares and distribute them among the next of kin after the payment of their debts, if they owed any. But as all the…
2Cited by12 opinions
- Horton v. . McCoyNew York Court of Appeals · 1871
- Vail v. AndersonSupreme Court of Minnesota · 1895
- Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863
- Kohler v. KnappNew York Surrogate's Court · 1850
- Oberly v. LerchNew Jersey Court of Chancery · 1867
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