In re the Final Judicial Settlement of Account of Proceedings of Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal by Hanora L. Kennedy, as administratrix, from part of a decree of the Surrogate’s Court of the county of Albany, entered in the office of said Surrogate’s Court on or about the 27th day of July, 1917, judicially settling her accounts herein.
1Opinion of the Court
Cochrane, J.:
The administratrix was the wife of the intestate. Her account has been surcharged with one-half of the amount of two real estate mortgages held by herself and her husband jointly. She claims the sole ownership of the mortgages by *189virtue of her survivorship. One was a purchase-money mortgage arising from the sale of real estate owned by the husband and wife as tenants by the entirety. The mortgage took the place of the real estate and presumptively on the death of either mortgagee passed to the survivor as the real estate which it replaced would have done. The other mortgage was a…
2Cases cited2 opinions
- In Re the Final Accounting of Executors of AlbrechtNew York Court of Appeals · 1892
- In re the Judicial Settlement of Accounts of NilesAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by10 opinions
- In Re the Estate of BlumenthalNew York Court of Appeals · 1923
- Hawthorne v. HawthorneNew York Court of Appeals · 1963
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
- In re the Judicial Settlement of the Account of LarmonAppellate Division of the Supreme Court of the State of New York · 1925
- Brosnan v. GaffneyAppellate Division of the Supreme Court of the State of New York · 1924
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