Hauselt v. Gano
New York Surrogate's Court
Application by Charles Hauselt for leave to issue execution upon a judgment .recovered against decedent’s executors, James M. Grano and others, in their representative capacity. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The petitioner, as assignee of a judgment which has been recovered, against decedent’s executors, asks leave to issue execution thereon. He does not allege that the executors, or any of them, are in possession of assets applicable to such judgment. On the other hand, one of the executors swears by his answer that there nowhere exists any property whatever belonging to decedent’s estate.
It was decided by my predecessor, in the case of Melcher v. Fisk (4 Redf., 22), that, in view of certain restrictions of the Revised Statutes, the Surrogate ought not to direct the issue of an…
2Cases cited3 opinions
- In re ClarkNew York Supreme Court · 1876
- Melcher v. FiskNew York Surrogate's Court · 1878
- St. John v. VoorhiesNew York Supreme Court · 1865
3Cited by1 opinion
- In re Hesdra's EstateNew York Surrogate's Court · 1892