Legal Opinion

In re Potter

New York Surrogate's Court

Decided May 15, 1887Published

Marshalling of assets upon judicial settlement of account of administrators of decedent’s estate.

1Opinion of the Court

The Surrogate.

Of this estate, there are not sufficient funds to pay the individual debts of the decedent. Here there are two classes of creditors, namely, those having claims against Clark L. Potter alone, and those against the firm of Potter Brothers, of which firm Clark L. Potter was a partner at the time of his death. The claims presented and proven, which were owing by the firm of Potter Brothers, far exceed the others, and if these be allowed and paid from the decedent’s estate, the individual creditors will receive but a small portion of their due. The firm of Potter Brothers, at the…

2Cases cited2 opinions

  1. Kirby v. CarpenterNew York Supreme Court · 1849
  2. Ganson v. LathropNew York Supreme Court · 1857

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