Ainslie v. Radcliff
New York Court of Chancery
This was an appeal from a decision of the surrogate of the city and county of New-York, settling the priorities, as between different judgment creditors of the decedent, to payment out of the personal estate. G. T. Mumford, the decedent, died in April, 1831, insolvent and intestate, leaving several judgments outstanding against him, two of which were docketed more than ten years previous to his death.
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This was an appeal from a decision of the surrogate of the city and county of New-York, settling the priorities, as between different judgment creditors of the decedent, to payment out of the personal estate. G. T. Mumford, the decedent, died in April, 1831, insolvent and intestate, leaving several judgments outstanding against him, two of which were docketed more than ten years previous to his death. Some of the claims in favor of the estate having been subsequently recovered under the French and Neapolitan treaties, his personal representative was cited to account before the surrogate. And…
1Opinion of the Court
The Chancellor.
The only question which arises on this appeal is as to the meaning of the word priority as used in the third subdivision of the twenty-seventh section of the article of the revised statutes relative to the duties of executors, &c., in the payment of debts and legacies, (2 R. S. 87.) That section directs the payment of debts in classes; and the next section provides that no preference shall be given to one debt over any other debt of the same class, except as to the debts specified in the third class. This third class of debts, as to which a preference is allowed to one debt…
2Cited by7 opinions
- In re the Estate of McCoyNew York Surrogate's Court · 1935
- Stevenson v. WeisserNew York Surrogate's Court · 1850
- In re the Estate of HerbertNew York Surrogate's Court · 1959
- In re the Estate of PaigeNew York Surrogate's Court · 1933
- Second National Bank v. BlauveltNew Jersey Superior Court Appellate Division · 1888
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