In re Ibert
Appellate Division of the Supreme Court of the State of New York
Appeal by Helene Bachmann from an interlocutory order of the Surrogate’s Court of the county of Kings, entered in the office of the said Surrogate’s Court on the 5th day of January, 1900, which permitted'an amendment to the petition and authorized the issuance of a supplemental citation bringing in certain parties.
1Opinion of the Court
Hatch, J.:
The proceeding was instituted under the statute to lease, mortgage- or sell the real property of the decedent for the payment of her debts. " As to parcel Ho. l, described in the petition,- the averment was that it was not incumbered by any lien or liens except the *511judgment upon which the proceeding is based. In fact the heirs of the decedent had mortgaged this property to Carl and Margaretha Drager, and such mortgage was a lien thereon at the time the proceeding was instituted. Upon discovery of these facts the petitioner moved before the surrogate to amend the petition by setting…
2Cases cited2 opinions
- Matter of BinghamNew York Court of Appeals · 1891
- People ex rel. Brooklyn Elevated Railroad v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- In re RiesAppellate Division of the Supreme Court of the State of New York · 1915
- In re WheelerNew York Surrogate's Court · 1905