Kingsland v. . Murray
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the June term, 1891, which reversed a decree of the surrogate of the county of New York, directing a sale of the real estate of Henry Foster Topping, deceased, for the payment of his debts. The facts, so far as material, are stated in the opinion. The sale was made in “good faith,” properly conducted, and with “the ordinary prudence ” of the: statute.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the June term, 1891, which reversed a decree of the surrogate of the county of New York, directing a sale of the real estate of Henry Foster Topping, deceased, for the payment of his debts. The facts, so far as material, are stated in the opinion. The sale was made in “good faith,” properly conducted, and with “the ordinary prudence ” of the: statute. (Code Civ. Pro. § 1832; Kent v. Whitney, 9 Allen, 62; Brigham v. Evans, 113 Mass. 419; Crook v. Owens, 121 id. 28.) The…
1Opinion of the Court
Earl, Ch. J.
Henry Foster Topping died 27ovember 15, 1885, and on the twenty-third day of 27ovember, his son and only heir at law Henry Foster Topping, Jr., was appointed his administrator by the surrogate of 27ew York. On the 6th day ■of January, 1886, the son gave to Daniel Finn a mortgage on the real estate left hy his father for $8,500, and on the tenth day of February thereafter, he sold and conveyed the real estate to the respondent George W. Murray, subject to the-mortgage. On the 17th day of January, 1888, the letters of administration granted to the son were revoked, and on…
2Cases cited4 opinions
- Corwin v. MerrittNew York Supreme Court · 1848
- Moser v. . CochraneNew York Court of Appeals · 1887
- In Re the Application for the Probate of the Last Will of RossNew York Court of Appeals · 1882
- Skidmore v. RomaineNew York Surrogate's Court · 1852
3Cited by30 opinions
- Bodner v. Banque ParibasDistrict Court, E.D. New York · 2000
- In re the Estate of WitkindNew York Surrogate's Court · 1938
- In re RogersAppellate Division of the Supreme Court of the State of New York · 1896
- Matter of RobertsNew York Court of Appeals · 1915
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
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