In re Taylor's Estate

Appellate Division of the Supreme Court of New York

In re Taylor's Estate

94 N.Y.S. 1164

Appellate Division of the Supreme Court of the State of New York·Decided May 23, 1905·Published

Opinion

PER CURIAM.

Decree modified in accordance with the holding of this court, and, as modified, affirmed, with costs. Held, that the agreement of June 29, 1885, bound the representatives of Henry Taylor, deceased; that a sale of 40 acres to pay debts will be a sale for the use of the said Henry Taylor’s representatives, and upon such sale Dwight A. Taylor [1165]*1165is entitled to the payment of the sum of $849.-69; that upon such sale said sum of $849.69 is an equitable lien upon said 40 acres, and should have priority of payment over all other claims. The form of the order to be settled by and before Mr. Justice WILLIAMS on two days’ notice.

McLennan, P. j., and HISCOCK, J., vote for affirmance of the decree without modification.

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PER CURIAM.

Decree modified in accordance with the holding of this court, and, as modified, affirmed, with costs. Held, that the agreement of June 29, 1885, bound the representatives of Henry Taylor, deceased; that a sale of 40 acres to pay debts will be a sale for the use of the said Henry Taylor’s representatives, and upon such sale Dwight A. Taylor [1165]*1165is entitled to the payment of the sum of $849.-69; that upon such sale said sum of $849.69 is an equitable lien upon said 40 acres, and should have priority of payment over all other claims. The form of the order to be settled by and before Mr. Justice WILLIAMS on two days’ notice.

McLennan, P. j., and HISCOCK, J., vote for affirmance of the decree without modification.

In re Taylor's Estate, 94 N.Y.S. 1164 (N.Y. Ct. App. 1905).

Pincite

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