Visscher v. Wesley
New York Surrogate's Court
TJpou the judicial settlement of the account of the administrator of decedent’s estate, Edward Visscher and others, creditors of decedent, objected to .the payment of a claim made by Edward Wesley, under a judgment recovered against decedent in his lifetime. The facts are stated in the opinion.*
1Opinion of the Court
The Surrogate.
A decree is about to be entered, ‘ whereby the accounts of this decedent’s administrator will be judicially settled and determined. The assets of the estate are insufficient to pay creditors in full, and if a certain judgment recovered against the decedent in his lifetime, at the suit of Edward B. Wesley, is still a valid and subsisting claim against this estate. *303it is entitled to preference over the claim of any other-creditor, and its payment will exhaust the entire fund applicable to the discharge of debts. It is contended, however, by counsel for other judgment creditors,…
2Cases cited7 opinions
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Wakeman v. . ShermanNew York Court of Appeals · 1853
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Warren v. PaffNew York Surrogate's Court · 1857
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