Moore v. Moore
New York Supreme Court
This was an appeal from, an order or decree of the surrogate of the city and county of New-York. Lewis Moore made his will on the 31st of May, 1840, appointing the appellant, Michael P. Moore and Lewis Moore, two of his sons, his executors. On the 15th December, 1840, he made a codicil to his will, making some slight changes in the disposition of his property.
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This was an appeal from, an order or decree of the surrogate of the city and county of New-York. Lewis Moore made his will on the 31st of May, 1840, appointing the appellant, Michael P. Moore and Lewis Moore, two of his sons, his executors. On the 15th December, 1840, he made a codicil to his will, making some slight changes in the disposition of his property. The testator died on the 8th June, 1843. The will and codicil were proved, and letters testamentary were issued to the appellant alone. On July 1, 1844, the appellant, as executor, having made and filed his inventory of the estate, and…
1Opinion of the Court
By the Court, Mitchell, J.
The laws of 1801 (vol. 1, p. 323, § 20) allowed an executor to apply for the sale of the real estate of the deceased, whenever he discovered, or suspected, that the personal estate was insufficient to pay the debts of the deceased; the executor also rendering an account of the personal estate, and of the debts, as far as he could discover the same. The surrogate was to order a sale of the real estate if he found that the personal estate was not sufficient to pay the debts of the deceased. The revised laws of 1813 (vol. 1, p. 450, 5 23) were substantially the same.…
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