In re the Accounting of Faile

Appellate Division of the Supreme Court of New York

In re the Accounting of Faile

275 A.D.2d 786

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

DecidedApril 18, 1949

StatusPublished

This text of 275 A.D.2d 786 (In re the Accounting of Faile) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Accounting of Faile, 275 A.D.2d 786 (N.Y. Ct. App. 1949).

Pincite

Opinion

On appeal by appellants-respondents from so much of the decree which directs the reservation of assets to pay the contingent claim of Mosher and Dunagan, the appeal is dismissed, without costs. Where the devised land subject to a mortgage has a value coneededly less than the arrears of taxes both as of the date of decedent’s death and as of the date of the filing of the petition for accounting, [787]*787the provisions of section 250 of the Real Property Law do not prevent a present unconditional payment of the total amount of the mortgage debt without the necessity of a reservation of assets under section 207 of the Surrogate’s Court Act. Present — Carswell, Acting P. J., Johnston, Sneed, Wenzel and Mac-Crate, JJ. [See post, p. 858.]

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On appeal by appellants-respondents from so much of the decree which directs the reservation of assets to pay the contingent claim of Mosher and Dunagan, the appeal is dismissed, without costs. Where the devised land subject to a mortgage has a value coneededly less than the arrears of taxes both as of the date of decedent’s death and as of the date of the filing of the petition for accounting, [787]*787the provisions of section 250 of the Real Property Law do not prevent a present unconditional payment of the total amount of the mortgage debt without the necessity of a reservation of assets under section 207 of the Surrogate’s Court Act. Present — Carswell, Acting P. J., Johnston, Sneed, Wenzel and Mac-Crate, JJ. [See post, p. 858.]

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Bluebook (online)

275 A.D.2d 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-faile-nyappdiv-1949.