Legal Opinion
In re Callaghan's Estate
New York Supreme Court
Decided February 12, 1894Published
Appeal from surrogate court, Kings county. Application by the Metropolitan Brewing Company, as creditor of Honora Callaghan, deceased, to participate in the funds pending the stay. From a decree directing distribution to the heirs disregarding the debts, petitioner appeals.
1Opinion of the CourtCullen, J.
This appeal presents the same question decided by this court in 69 Hun, 161, 23 N. Y. Supp. 378, on an appeal from the same decree taken by other creditors. On the authority of that decision the order appealed from must be reversed, and a decree entered for the payment to appellant of its share of the fund, with costs of this appeal to be paid out of the estate.
2Cases cited1 opinion
- In re Callaghan's EstateNew York Supreme Court · 1893