Matter of Townsend
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1911, which affirmed a decree of the Nassau County Surrogate’s Court relieving the respondent herein of his purchase of real property. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1911, which affirmed a decree of the Nassau County Surrogate’s Court relieving the respondent herein of his purchase of real property. The facts, so far as material, are stated in the opinion. It was not necessary to name the judgment creditors of the heirs in the petition, or to serve them with citations on the application of the administrator to sell for the payment of debts of the decedent. (Code Civ. Pro. § 2752.) The petition to the surrogate for authority to sell for…
1Opinion of the Court
Cullen, Ch. J.
This was a proceeding for the sale of the real estate of a decedent for the payment of her debts, and the appeal is from the affirmance of an order of the surrogate which relieved the purchaser, upon a sale made under a decree in the proceeding, from his purchase on the ground that the proceedings were so irregular that the title acquired by the purchaser would be doubtful. We think the proceedings were so irregular that the respondent was properly granted the relief he asked. Without referring to other objections, we are of opinion that the proceeding was defective for failing…
2Cases cited2 opinions
- Brainard v. . CooperNew York Court of Appeals · 1852
- In Matter of Application, Etc., of DolanNew York Court of Appeals · 1882
3Cited by6 opinions
- State v. EpperlyWest Virginia Supreme Court · 1951
- In re the Estate of RosenblattNew York Surrogate's Court · 1938
- In re the Estate of McClureNew York Surrogate's Court · 1969
- In re AndersonNew York Surrogate's Court · 1916
- In re the Estate of SyrcherNew York Surrogate's Court · 1937
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