Colson v. Brainard
New York Surrogate's Court
This was an application on the part of Rollin Colson and Noble S. Colson, administrators of Ebenezer Colson, deceased, for authority to mortgage, lease, or sell the real estate of the intestate, to pay his debts, under section 40 of chapter 460 of the Laws of 1837. (3 Rev. Siat., 5 ed., 187, § 2.) In the list of debts annexed to the petition is a judgment in favor of Josiah Colson against the administrators, for $1137.65 damages and costs, perfected and docketed July 7,…
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This was an application on the part of Rollin Colson and Noble S. Colson, administrators of Ebenezer Colson, deceased, for authority to mortgage, lease, or sell the real estate of the intestate, to pay his debts, under section 40 of chapter 460 of the Laws of 1837. (3 Rev. Siat., 5 ed., 187, § 2.) In the list of debts annexed to the petition is a judgment in favor of Josiah Colson against the administrators, for $1137.65 damages and costs, perfected and docketed July 7, 1858. The petitioners were appointed administrators, April 14, 1856, and the judgment was recovered upon a claim against the…
1Opinion of the Court
The • Surrogate. — I have not examined the objections made to the regularity of claimant’s proceedings in procuring the appointment of Barnes as a referee, and the entering of his judgment without an order confirming the report, for the reason that the conclusions I have come to, upon the last objection made to the judgment, render it unnecessary.
At common law, neither the admissions of an executor or administrator, nor a judgment against him, could in any way bind the heir or devisee, or affect the real estate derived from his testator or intestate. (Osgood v. Manhattan Co., 3 Cow., 612;…
2Cases cited5 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Osgood v. President & Directors of the Manhattan Co.New York Supreme Court · 1824
- Baker v. KingslandNew York Court of Chancery · 1843
- Ferguson v. BroomeNew York Surrogate's Court · 1849
- Sanford v. GrangerNew York Supreme Court · 1852
3Cited by1 opinion
- Holmes v. BushNew York Supreme Court · 1885