In re Callaghan's Estate
New York Supreme Court
Appeal from surrogate’s court, Kings county. Application by Amsdell Bros, and others, general creditors of Honora Callaghan, deceased, for participation in certain surplus funds belonging to the estate. From a decree of the surrogate directing distribution to the heirs, disregarding the debts, applicants appeal.
1Opinion of the CourtPratt, J.
I think the learned surrogate has proceeded on an erroneous theory in this case. He has held that, notwithstanding a deficiency of personal estate, the decedent’s debts and funeral expenses are not payable out of surplus moneys arising from the sale of his real estate made within four years under ‘foreclosure, apparently on the theory that the real estate is discharged from the lien or trust for the payment of debts after the expiration of three years from the original grant of letters of administration. That is not the law, as I understand it. A creditor’s right to apply to the surrogate’s…
2Cases cited3 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- Mead v. . JenkinsNew York Court of Appeals · 1884
- Slocum v. . EnglishNew York Court of Appeals · 1875
3Cited by4 opinions
- In re the Estate of RosenblattNew York Surrogate's Court · 1938
- In re KnappNew York Surrogate's Court · 1898
- In re Callaghan's EstateNew York Supreme Court · 1894
- Lord v. Anderson, New York County Courts1910