In re the Estate of Dougherty

New York Surrogate's Court

In re the Estate of Dougherty

15 N.Y. St. Rep. 743

DecidedMarch 6, 1888

StatusPublished

This text of 15 N.Y. St. Rep. 743 (In re the Estate of Dougherty) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Dougherty, 15 N.Y. St. Rep. 743 (N.Y. Super. Ct. 1888).

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Opinion

Ransom, S.

—This application is for leave to issue execution against the administratrix of the estate of the decedent upon a judgment recovered against her as such administratrix. No disclosure is made by the petition, or otherwise, as to the extent of the assets which the intestate has left, or as to their sufficiency to satisfy claims having an equal or prior right to payment, or as to whether there are any such claims. It is necessary that the surrogate should be fully informed as to these matters to enable him to decide whether or not to authorize the issuing of an execution. Eor the purpose of obtaining such information, I direct the administratrix to file an intermediate account. Section 2723, subd. 1, Code Civ. Pro.; Hauselt v. Gano, 1 Dem., 36, 38; Peters v. Carr, 2 id., 22; Sippel v. Macklin, 2 id., 219.

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Ransom, S.

—This application is for leave to issue execution against the administratrix of the estate of the decedent upon a judgment recovered against her as such administratrix. No disclosure is made by the petition, or otherwise, as to the extent of the assets which the intestate has left, or as to their sufficiency to satisfy claims having an equal or prior right to payment, or as to whether there are any such claims. It is necessary that the surrogate should be fully informed as to these matters to enable him to decide whether or not to authorize the issuing of an execution. Eor the purpose of obtaining such information, I direct the administratrix to file an intermediate account. Section 2723, subd. 1, Code Civ. Pro.; Hauselt v. Gano, 1 Dem., 36, 38; Peters v. Carr, 2 id., 22; Sippel v. Macklin, 2 id., 219.

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Bluebook (online)

15 N.Y. St. Rep. 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-dougherty-nysurct-1888.