Turner v. Amsdell
New York Surrogate's Court
Petition . by the executor of decedent’s will for leave to mortgage, lease or sell his real property, to pay his debts. Maurice Turner and others, infant devisees, by their guardian, objected to the proof of the claims of Matilda Amsdell and others, alleged creditors, who appeared upon the return of the citation. Further facts appear in the opinion.
1Opinion of the Court
The Surrogate.
This is a proceeding instituted by the executor of the will of Major Macapes, deceased, for leave to sell the real estate of testator to pay his debts. Upon the return of the citation, a large number of creditors appear to prove their claims. ' A portion of these have been duly presented to the executor and formally rejected by him, while others have been presented to the executor, and no definite action has been taken by him concerning them. In either event, they are disputed claims (Cooper v. Felter, 6 Lans., 485; Tucker v. Tucker, 4 Keyes, 136). The guardian ad litem,…
2Cases cited7 opinions
- McNulty v. . HurdNew York Court of Appeals · 1878
- Tucker v. TuckerNew York Court of Appeals · 1868
- Fiester v. . ShepardNew York Court of Appeals · 1883
- People ex rel. Adams v. WestbrookNew York Supreme Court · 1881
- Cooper v. FelterNew York Supreme Court · 1872
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