Jennings v. Jones
New York Surrogate's Court
This was an application by Jane B. Jennings and others, administrators of the estate of Helen 0 Jones, deceased, for leave to mortgage, lease, or sell her real estate for payment of debts.
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This was an application by Jane B. Jennings and others, administrators of the estate of Helen 0 Jones, deceased, for leave to mortgage, lease, or sell her real estate for payment of debts. For the purpose of establishing a debt of the intestate to William B. Jennings, the administrators introduced the following evidence:— 1. A judgment in the Supreme Oourt recovered by1 him against the administrators, after a time upon the merits. ' 2. A judgment in Ms favor against Henry S. Jones, the contestant, adjudging said Jennings, a creditor of deceased in his life-time, and that a conveyance made by…
1Opinion of the Court
The Surrogate.
This application embraces lands owned by intestate at her death, other than those affected by the judgment against contestant. In respecta to such other lands, though of small value, the contestant has the same rights as if the judgment against him had not been rendered. He is therefore, permitted to raise any objections to the proceeding, which the heir is allowed to make in any case.
I think furthermore, that the only effect of the judgment against him, is to remove the obstruction to this proceeding caused by the fraudulent conveyance to him by the intestate in his life-time,…
2Cases cited5 opinions
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Lee v. DillNew York Supreme Court · 1863
- Hard v. SeeleyNew York Supreme Court · 1865
- Havens v. ShermanNew York Supreme Court · 1864
- Newton v. PorterNew York Supreme Court · 1872