Suydam v. Voorhees
New Jersey Court of Chancery
The complainant is the executor of Willard Perrine, deceased, who was one of the executors of the will of his father, David M. Perrine, deceased. The complainant, as the executor of Willard, seeks to be subrogated to the position of a creditor of the estate of David M. Perrine, whose debt Willard paid after the death of his father; and seeks to have certain land, the title to which is now in the heirs of David M. Perrine, sold to pay the amount of the said debt.
1Opinion of the Court
Reed, V. C.
The first question is, whether Willard Perrine paid the debt of the estate of his father with his own money, or whether he paid it out of the assets of his father’s estate.
The second question is, if he paid it with his own money, is his executor entitled to be substituted in place of the creditor whose debt was so paid.
The third question is, if the executor of Willard is entitled to be subrogated, will this court in this suit order the said debt to be raised by a sale of the real estate which belonged to the deceased debtor.
*159The first question is to be decided upon the following…
2Cases cited5 opinions
- Caress v. FosterIndiana Supreme Court · 1878
- W. T. and J. K. Redmond v. . Burroughs .Supreme Court of North Carolina · 1869
- Chaplin v. SullivanIndiana Supreme Court · 1891
- Jones v. Jones'Supreme Court of Alabama · 1861
- Cook v. MunnNew York Supreme Court · 1883
3Cited by9 opinions
- In Re Estate of MacFarlineSupreme Court of Oklahoma · 2000
- In Re Estate of MikkelsenSupreme Court of Iowa · 1926
- Camden Co. Welfare Bd. v. Federal Dep. Ins. Co.New Jersey Superior Court Appellate Division · 1948
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Schmid v. First Camden National Bank, C., Co.New Jersey Superior Court Appellate Division · 1941
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