Glacius v. Fogel
New York Surrogate's Court
Application by a judgment creditor for leave to issue execution, &c. The testator died in 1873, seized of certain real estate, which he had previously mortgaged to George C. Glacius to secure the payment to him of several thousands of dollars. The mortgage became due and payable in: January, 1874, when the mortgaged property was worth about §7,000, which was more than sufficient to pay the amount due and the expense of foreclosure.
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Application by a judgment creditor for leave to issue execution, &c. The testator died in 1873, seized of certain real estate, which he had previously mortgaged to George C. Glacius to secure the payment to him of several thousands of dollars. The mortgage became due and payable in: January, 1874, when the mortgaged property was worth about §7,000, which was more than sufficient to pay the amount due and the expense of foreclosure. The executors paid the interest for several years; until, in 1879 Glacius foreclosed, by action in the Supreme Court, and the property not selling for a sufficient…
1Opinion of the Court
The Surrogate.—It seems to me that my duties in this case, under the statute, are very simple. I am to ascertain if there are assets of the estate sufficient to pay the full amount of the judgment in question, as well as all other just debts of the deceased ; and if I do so find, then to make a decree directing such payments, and if it is found that there are. assets, but not sufficient to pay in full, then to decree the payment of the proper pro rata proportion thereof.
It is claimed on the part of the executors that the judgment obtained by the claimant in the Supreme Court, is, as matter of…
2Cases cited3 opinions
- Kidd v. Chapman & DanielsNew York Court of Chancery · 1847
- Tucker v. TuckerNew York Court of Appeals · 1868
- Hackley v. HopeNew York Court of Appeals · 1868