Legal Opinion

In re the Estate of Black

New York Surrogate's Court

Decided January 21, 1942PublishedCited by 5 opinions

1Opinion of the Court

Foley, S.

In this executors’ accounting a creditor holding a bond secured by a mortgage seeks to recover from this estate the full amount due under the bond a.nd mortgage.

This decedent and his brother, Henry V. D, Black, owned a valuable parcel of real property in lower Manhattan as joint tenants. In 1904 the joint tenants executed a mortgage on this property and simultaneously executed a bond in the sum of $290,000 for which the mortgage was security. Through amortization payments the mortgage debt has been reduced to $211,190.06, the amount of the claim now asserted.

This decedent died on…

2Cases cited2 opinions

  1. In Re the Accounting of SchorerNew York Court of Appeals · 1936
  2. In Re the Accounting of NicholsNew York Court of Appeals · 1940

3Cited by5 opinions

  1. In re the Accounting of NickersonNew York Surrogate's Court · 1944
  2. In re the Accounting of Central Hanover Bank & Trust Co.New York Surrogate's Court · 1945
  3. In re the Estate of RunalsNew York Surrogate's Court · 1972
  4. In re the Accounting of MeyersNew York Surrogate's Court · 1952
  5. In re the Accounting of RafteryAppellate Division of the Supreme Court of the State of New York · 1955

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