Legal Opinion

In re the Proceedings to Sell the Real Estate of Liddle

New York Surrogate's Court

Decided May 15, 1901PublishedCited by 5 opinions

Proceeding by Emeline Diddle, executrix of the last will and testament of Marvin W. Diddle, deceased, 1» sell the real estate of testator to pay debts.

1Opinion of the Court

Davis, S.—

This is a proceeding instituted by Emeline Fiddle, the executrix of the last will and testament of hlar-vin W. Fiddle, deceased, to sell the real estate of the testator to pay debts. On the return of the citation Frances J. Fiddle, the widow of the testator, and who is the sole beneficiary named in the will, filed) an answer to the petition, denying the validity of the claims, or some of them, and also alleging that the real estate of the decedent was purchased with pension money, and is, therefore, under section 1393 of the Code of Civil Procedure, exempt from sale for the payments…

2Cases cited3 opinions

  1. Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
  2. Matter of City of RochesterNew York Court of Appeals · 1888
  3. Buffum v. ForsterNew York Supreme Court · 1894

3Cited by5 opinions

  1. Smith v. BloodAppellate Division of the Supreme Court of the State of New York · 1905
  2. In re the Estate of StevensAppellate Division of the Supreme Court of the State of New York · 1941
  3. Beatty v. WardellSupreme Court of Iowa · 1905
  4. Surplus v. Remmele, New York County Courts1949
  5. In re the Estates of SchmidtNew York Surrogate's Court · 1910

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