In re O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by Frank S. O’Brien, special guardian of Mary Dwyer and others, infants, from a decree of the Surrogate’s Court of the county of Wayne, entered in said Surrogate’s Court on the 5th day of November, 1898, adjudging among other things that the petitioner, Elizabeth S. O’Brien, has a valid and subsisting lien against the estate of the decedent in the sum of $1,298.01, and directing that, for the purpose of paying such sum, the real estate of the decedent be sold.
1Opinion of the Court
McLennan, J. :
This proceeding was commenced by the presentation of the petition of Elizabeth S. O’Brien, upon proper notice, to the surrogate of Wayne county, which petition was dated on the 10th day of *322June, 1898, for the purpose of procuring the sale of the real estate of which the deceased, Edward J. Dwyer, died seized, pursuant to sections 2749 and 2750 of the Code of Civil Procedure, for the payment of the debts and funeral expenses of the decedent.
The petition, which was duly verified, stated that Edward J. Dwyer died on the 11th day of June, 1895, leaving a last will and testament,…
2Cases cited7 opinions
- Matter of City of RochesterNew York Court of Appeals · 1888
- Pease v. . EganNew York Court of Appeals · 1892
- Clift v. . MosesNew York Court of Appeals · 1889
- Matter of BinghamNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Accounts of PowersNew York Court of Appeals · 1891
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3Cited by3 opinions
- In re RiesAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Estate of LichtensteinNew York Surrogate's Court · 1896
- In re the Judicial Settlement of the Account of Proceedings of WarshauerAppellate Division of the Supreme Court of the State of New York · 1918