Legal Opinion

Burnham v. Harrison

New York Surrogate's Court

Decided August 15, 1878PublishedCited by 1 opinion

This was an application "by an executor to mortgage real estate of the testatrix for the payment of her debts. The facts are stated in the opinion.

1Opinion of the Court

The Surrogate.

It appears that E. L. and B. T. Burnham instituted an action in the Supreme Court against the testatrix, in her lifetime, to recover the value of certain alleged services; that pending such action she died, and it was revived as against her legal representatives. They ultimately, after considerable litigation, recovered a judgment for $569.91 damages, and $366.87 costs. The counsel for the creditors insists that they are entitled, in this proceeding, to prove and he allowed the whole amount of their judgment, including costs, and refers to Benedict v. Caffe (3 Duer, 669);…

2Cases cited3 opinions

  1. Merritt v. . ThompsonNew York Court of Appeals · 1863
  2. Ferguson v. BroomeNew York Surrogate's Court · 1849
  3. Benedict v. CaffeThe Superior Court of New York City · 1854

3Cited by1 opinion

  1. In re the Estate of StowellNew York Surrogate's Court · 1896

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