Wood v. Byington
New York Court of Chancery
Tiffs' was -an appeal, by the-heirs and tertenants of T. 'M, Wóód deceased, from án-order of the'surrogate of the-county of Onondaga, establishing'a debt against the estate of the decedent, and directing the surviving administrator to sell certain ■real "estate, of which the intestate "died seised, for the payment and satisfaction of that debt.
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Tiffs' was -an appeal, by the-heirs and tertenants of T. 'M, Wóód deceased, from án-order of the'surrogate of the-county of Onondaga, establishing'a debt against the estate of the decedent, and directing the surviving administrator to sell certain ■real "estate, of which the intestate "died seised, for the payment and satisfaction of that debt. The respondent, in Í825, filed his bill in "the "ctitift oí chancery against T. M. Wood, -the decedent, for an account and settlement of "certain partnership transactions arising out of a 'copartnership which had existed between thepai‘ties some years…
1Opinion of the Court
The Chancellor.
The first question for consideration, on this appeal, is as to the effect of the decree in chancery, of May, 1843, as evidence of the indebtedness of the intestate, as against the heirs and other persons interested in his real estate. The counsel for the respondent is wrong in supposing that the 13th section of the title of the revised statutes, relative to the sale of real estate of a testator or intestate, (2 R. >S. 102,) is applicable to this case; so as to make the decree of the vice chancellor conclusive evidence of the indebtedness of the decedent, as against the persons…
2Cited by9 opinions
- Sanford v. GrangerNew York Supreme Court · 1852
- Van Wyck v. HardyNew York Court of Appeals · 1861
- Albee v. MayUnited States Circuit Court · 1834
- MacLean v. HartAppellate Division of the Supreme Court of the State of New York · 1933
- In re FoleyAppellate Division of the Supreme Court of the State of New York · 1899
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