Legal Opinion

Butler v. Price

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1946Published

1Opinion of the CourtMcCuru, J.

On July 30,1923, Sophie D. Butler executed and delivered to Patrick H. Butler her bond and mortgage due and payable July 30, 1928. The mortgage was not paid when it became due and it appears that the mortgagee thereafter, on January 9,1934, April 14,1934 and June 16,1934, paid delinquent taxes upon the mortgaged premises. Sophie D. Butler died on January 9, 1934, and letters testamentary were issued on February 2, 1934, by the Surrogate of Chautauqua County. On September 16, 1935, the, mortgagee Patrick H. Butler died and letters of administration upon his estate were issued on August 1, 1945.

2Cases cited3 opinions

  1. In re the Estate of McCormickNew York Surrogate's Court · 1938
  2. Hall v. . BrennanNew York Court of Appeals · 1893
  3. In re the Estate of MorrisNew York Surrogate's Court · 1937

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