Glacius v. . Fogel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 13, 1881, which affirmed a decree of the surrogate of the county of Westchester, directing the defendants as executors of the will of Henry L. Fogel, deceased, to pay to the petitioner the amount in their hands belonging to the estate, to apply upon a judgment for a deficiency, entered against said executors in an action to foreclose a…
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 13, 1881, which affirmed a decree of the surrogate of the county of Westchester, directing the defendants as executors of the will of Henry L. Fogel, deceased, to pay to the petitioner the amount in their hands belonging to the estate, to apply upon a judgment for a deficiency, entered against said executors in an action to foreclose a mortgage executed by their testator. Fogel, at the time of his decease, was the owner in fee of certain real estate at…
1Opinion of the CourtMiller, J.
The proceeding in this case was instituted before the surrogate of Westchester county to compel the defendants, as executrix and executor, to file an inventory of the personal estate of the testator for the purpose of obtaining payment upon a deficiency judgment rendered against the said executrix and executor upon the foreclosure and sale of real estate under a mortgage executed by the testator in his life-time with his bond accompanying the same. An accounting was had and a decree was made directing the defendants to pay over a sum of money which they had in then* hands to be applied on…
2Cases cited4 opinions
- Tucker v. TuckerNew York Court of Appeals · 1868
- Johnson v. CorbettNew York Court of Chancery · 1844
- White v. . MerrittNew York Court of Appeals · 1852
- Norton v. WoodsCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by32 opinions
- In Re the Accounting of NicholsNew York Court of Appeals · 1940
- In Re the Accounting of GallNew York Court of Appeals · 1905
- In Re the Final Judicial Settlement of the Account of McCombNew York Court of Appeals · 1889
- Hakala v. SchaickCity of New York Municipal Court · 1939
- Davis v. KerrAppellate Division of the Supreme Court of the State of New York · 1896
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