Kelley's Estate
New York Surrogate's Court
This was an application in the matter of the estate of John B. Kelly, deceased, for an order confirming the sale of certain real estate, ordered to be sold under the provisions of the Revised Statutes, for the purpose of paying the debts, on application of the administrators.
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This was an application in the matter of the estate of John B. Kelly, deceased, for an order confirming the sale of certain real estate, ordered to be sold under the provisions of the Revised Statutes, for the purpose of paying the debts, on application of the administrators. The petition was filed June 28, 1875, on which day an order, requiring all persons interested in said estate to show cause on August 18, 1875, why authority should not be given to sell so much of the real estate of the deceased, as should be necessary to pay his debts, was granted. Service of this order, together with…
1Opinion of the Court
Calvin, Surrogate.
Objection is taken by. the counsel for the purchaser on the sale of the premises *105in question, among numerous others, that the late Surrogate Hutchings did not obtain jurisdiction of the parties, or the subject matter aforesaid, by reason of the defects of the petition ; and second, because of the non-adjudication of the claims against the estate, and their non-entry in the book of records, and that the order of sale was defective, because made before the execution, filing, and approval of the bond, and that the said order of sale, supposed to have been made by Surrogate Van…
2Cases cited3 opinions
- Ackley v. DygertNew York Supreme Court · 1860
- Farrington v. KingNew York Surrogate's Court · 1850
- Wood v. McChesneyNew York Supreme Court · 1863
3Cited by2 opinions
- In re the Estate of SlaterNew York Surrogate's Court · 1893
- Dennis v. JonesNew York Surrogate's Court · 1882