Reports of Cases Adjudged in the Court of Chancery of New York Volume 11

Reports of Cases Adjudged in the Court of Chancery of New York Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...the mere purpose of paying the executors or administrators the amount of their claim for the expenses of administration; and where there are no existing debts for which the devisees, or heirs at law of the decedent, are lia ble in respect to the real estate which had come to them, by devise or descent Fitch v. Witbeck, 161 12. For the payment of debts. The act of April, .184.3, docs not charge the real estate of a decedent with the costs of the suit in which a judgment, or decree, against his personal representatives, has been obtained. It only makes the judgment, or decree, presumptive evidence of the existence and of the amount, of the debt due from the dece 'dent; for the purpose of an application to the surrogate for an order to sell the real estate. Wood v. Byington, 387 13. That statute docs not authorize the surrogate to direct the sale of real estate of a deceased debtor to pay costs which had not been awarded, to the creditor, against the decedent, at the time of the death of the latter. ib 14. Upon an application to a surrogate, by a creditor whose debt has been liquidated by a decree in chancery, for the sale of the real estate of a deceased debtor, parol testimony cannot be received to show upon what evidence the master based his decision as to particular items of the account, on the reference to take an account in the suit in which the creditor's decree was obtained. But to rebut the prima facie evidence of the correctness of the master's decision, the whole evidence before him should be produced. ib. II. Appointing General Guardians 07 INFANTS. 15. Upon the appointment of a general guardian for an infant, by a surrogate, the surrogate should ascertain, by the examination of witnesses, the probable amount of the personal...
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Product details

  • Paperback
  • 189 x 246 x 28mm | 966g
  • United States
  • English
  • black & white illustrations
  • 1236987551
  • 9781236987556