held competent. Roulston v. Roul-filing of transcript. Oberwarth e'
ston, 64 N. Y. 652.
McLean, 2 Abb. New Cas. 210.
Immateriality of proximity of
In action on undertaking given
on appeal. Humerton v. Hay, 65 time of general assignment to issu-
N. Y. 380.
ing of. Hauselt. Vilmar, 2 Abb.
Usury must be pleaded. Hay- New Cas. 222.
wood v. Jones, 10 Hun, 500.
Motion for leave to issue, not to
Will, evidence of dementia. be opposed by impeaching the
Shaw's Will, 2 Redf. Surr. 107.
judgment. Spalding . Lyon, 2
Abb. New Cas. 203.
Issued after five years without
leave, not void, but voidable.
Wooster v. Wuterich, 2 Abb. New
Cas. 200, note.
Proceedings on application for
Smith v. Howell,
Exceptions in criminal proceed-leave to issue.
ings may be settled by the judge
who presided at the trial, either 2 Redf. Surr. 325.
before or after the adjournment of
Practice as to verification of
the court. L. 1876, p. 91, c. 115. petition for leave to issue. Matter
Exception lies to ruling on pre- of Howell, 2 Redf. Surr. 299.
liminary proof of competency of Execution after death of debtor,
declarations. Maine v. People, 9 wholly void as against those not
Hun, 113.
made parties to revival. Wallace
v. Swinton, 64 N. Y. 188.
Issued against executors under
General law for organization of leave of surrogate, a sufficient ad-
boards of trade, or 66
exchanges." judication of existence of assets, as
L. 1877, p. 247, c. 228.
against a receiver. Matter of
Clark, 2 Abb. New Cas. 208.
Petition of twenty freeholders.
Hotel and tavern licenses. People
v. Hartmann, 10 Hun, 602.
Construction of chapter 628 of
1857, and chapter 175 of 1870.
Smith v. People, 9 Пun, 446, rev'd,
see 10 Id. xxiv.
Licenses to keep taverns. L.
1877, p. 478, c. 419.
Must fall if judgment is vacated.
Cas. 203.
Spaulding v. Lyon, 2 Alb. New
Effect of reversal of judgment.
Humerton v. Hay, 65 N. Y. 380.
Effect of tender of amount. Tif-
fany v. St. John, 65 N. Y. 314; 5
Lans. 153.
Sales of liquors to Indians and ".
minors. Id. c. 420, am'd'g L.
1857, c. 628, § 15.
When wagon is exempt. Brown
Davis, 9 IIun, 43.
Easement of corporation, liable
to sale. Ev. Lu. St. J. O. H. e.
Buffalo Hydraulic Assoc., 64 N. Y.
561; 6 T. & C. 589; 4 Hun,
On marine court judgment, can- 419.
not be issued to a marshal after
Effect of sale after lis pendens.
Lamont v. Cheshire, 65 N. Y. 30;; Removal of executor and guar-
dian for insolvency. Senior v.
When sale of land under, be- Ackerman, 2 Redf. Surr. 302.
comes void. Boyce v. Wight, 2| Removal for improvidence.
Abb. New Cas. 163.
Coggshall v. Green, 9 Hun, 471.
Effect of sale on, after release of Security required of executor.
judgment. Stilwell v. Carpenter, Senior v. Ackerman, 2 Redf. Surr.
2 Abb. New Cas. 238.
302.
Redemption from sale of land
Amount of security required of
by. Boyce v. Wight, 2 Abb. New executor as alternative of removal.
Cas. 163.
Matter of Hart, 2 Redf. Surr. 156.
In what amount in proportion to
Execution against the person, in
action for negligence causing penalty of bond, sureties must
death. Ryall v. Kennedy, 41 Su- justify. Ib.
per. Ct. (J. & S.) 531. Compare
Code of Civ. Pro. § 549.
EXECUTORS AND ADMINIS-
TRATORS
I. GENERAL PRINCIPLES.
Payment to one having letters,
complete protection. Sullivan v.
Fosdick, 10 Iun, 173.
Administration bond, validity
and assignment. Brewster ย.
Balch, 41 Super. Ct. (J. & S.) 63.
Liability of sureties for money
theretofore misappropriated. Scho-
field v. Hustis, 9 Hun, 157.
What are assets. Senior v. Ack-
erman, 2 Redf. Surr. 302.
Claims for money paid into State
Letters of administration, on treasury. L. 1877, p. 534, c. 456,
estate of deceased wife, not issued am'd'g 2 R. S. p. 2, ch. 6, tit. 6, § 74.
to administrator of husband. Question of title will not be
Matter of O'Niel, 2 Redf. Surr. 544.
Conditional appointment of ex-
ecutor. Executor of an executor.
Fosdick v. Delafield, 2 Redf. Surr.
392.
tried in proceedings for search and
seizure. Summerfield v. Howie, 2
Redf. Surr. 149.
Exempt articles not allowed
widow, unless inventoried, when.
Appointment of administratrix, Cornwell v. Deck, 2 Redf. Surr. 87.
relates back to death. Allen v.
Eighmic, 9 Iun, 201.
Special administrator appointed
in anticipation of contest. Cran-
dall v. Shaw, 2 Redf. Surr. 100.
IV. CARE AND MANAGEMENT OF
Mingling of decedent's trust
funds with funds of estate, liability
Practice on application for ap- of executor for. Graham v. Van
Crandall Duzer, 2 Redf. Surr. 322.
pointment of collector.
o. Shaw, 2 Redf. Surr. 100.
Divorce may be attacked
erally in surrogate's court.
ton v. Crosby, 9 Hun, 370.
Duties of executors as to dispos-
collat-ing of, and investing assets.
Stan- Gillespie v. Brooks, 2 Redf. Surr.
349.
In what securities investments VI. ACCOUNTING AND DISTRIBU-
to be made. Bohde. Bruner, 2
Administrator not allowed for
expenditures on real property, etc.
Interest. Insurance. Cornwell
Deck, 2 Redf. Surr. 87.
Surrogate may compel executor
to account for decedent's property
transferred by latter in fraud of
creditors. Matter of Adams, 2
Administrator not to pay debt Redf. Surr. 66.
of doubtful validity, and barred Accounting by one of several
by statute. Freeman v. Freeman, executors, etc., may be compelled.
2 Redf. Surr. 137.
Matter of Ritch, 2 Redf. Surr.
Expenses of exccutor in contin-330.
uing decedent's business, when Practice on final accountings.
allowed. Larrour v. Larrour, 2 Larrour v. Larrour, 2 Relf. Surr. 69.
Redf. Surr. 69.
Next of kin must be parties to
Expenses of repairs. Stevens v. accounting; limitations, how in-
Stevens, 2 Redf. Surr. 265.
terposed. Clock v. Chadeagne, 10
Liability of administrator for Hun, 97; Tucker v. McDermott, 2
leaving decedent's deposits in a Redf. Surr. 312.
failing bank. Sheerin v. Public Transaction in individual capac-
Administrator, 2 Redf. Surr. 421. ity, not relieved against in ac-
Power of executors to com- counting. Brink v. Layton, 2 Redf.
promise debts due estate. Matter Surr. 79.
of Loper, 2 Redf. Surr. 545.
V. PAYMENT OF DEBTS AND
LEGACIES.
Liability of estate of a decedent,
on a joint judgment for tort.
Hammond v. Hoffman, 2 Redf.
Surr. 92.
Expenditures allowed to execu-
tors and guardians. Matter of
Teyn, 2 Redf. Surr. 306.
Allowance to executors for ex-
penses, &c. Bohde. Bruner, 2
Redf. Surr. 333.
Traveling expenses of non-resi-
dent executor. Marsh . Gilbert,
Legacy, when ordered paid 2 Redf. Surr. 465.
within a year. Keteltas v. Green,
Compounding claims; vouchers.
Gillespie v. Brooks, 2 Relf. Surr.
When claim against, is not un- 349.
reasonably resisted, plaintiff not
Statute of limitations against
entitled to costs. Pinkernelli v. cxccutor's claim on accounting.
Bischoff, 2 Abb. New Cas. 107. Gillespie v. Brooks, 2 Redf. Surr.
Costs allowed when claim against 349.
testator's estate unreasonably re- Impeaching inventory on ac-
sisted. Darling v. Halsey, 2 Alb. counting. Sheerin v. Public Ad-
New Cas. 105.
ministrator, 2 Redf. Surr. 421.
Mode of reviewing reference of Realty charged in favor of credi-
disputed claim. Somerville v. tors to the amount of personalty
Crook, 9 Hun, 664.
wrongly applied to incumbrances,
&c. Ferris . Van Vechten, 9 under surrogate's order.
Hun, 12.
ment. Matter of McFeeley, 2
Executor's commissions, &c. Redf. Surr. 541.
Gillespie v. Brooks, 2 Redf. Surr.
349.
VIII. PUBLIC ADMINISTRATORS.
Executors entitled to commis- Public administrator's liability.
sions, on what assets and out of Sheerin v. Public Administrator,
what fund. Matter of Mount, 22 Redf. Surr. 421.
Where public administrator in
Executor not joining in inven- New York county entitled to ad-
tory, not allowed commissions. ministration
Eager. Roberts, 2 Redf. Surr. allowing in fact disqualified next
of kin. Matter of Blank, 2 Redf.
Executor's commissions, when Surr. 443.
allowed annually. Cram v. Cram,
2 Redf. Surr. 244.
Double commission to executors
acting also as trustees. Matter of
Pike, 2 Redf. Surr. 255.
Executors, &c., cannot antici-
pate their commissions. Wheel-
Power of public administrator
in Kings. L. 1877, p. 164, c. 154,
am'd'g L. 1871, c. 335, § 4.
Selling under del credere com-
mission; rights of assignee or re-
ceiver of. Francklyn v. Sprague,
wright. Wheelwright, 2 Redf. 10 Hun, 589.
Factor's act; draft on faith of
Distribution of unsold assets or bill of lading. Marine Bank v.
securities, how far permissible. Fiske, 9 Hun, 363.
Carman. Cowles, 2 Redf. Surr.
Relevant and irrelevant allega-
What may be reserved for liti-
gated claims, on distribution. tions of complaint in action for.
Stipulations. Defaults. Field v. Exner v. Exner, 2 Abb. New Cas.
Field, 2 Redf. Surr. 160.
Surrogate will not grant allow- Circumstances of provocation to
ance to counsel of unsuccessful be submitted to jury. Voltz v.
litigant. Matter of Gates, 2 Redf. Blackmar, 64 N. Y. 440.
Ground for opening decree set-
tling executor's accounts.
v. Duffy, 2 Redf. Surr. 151.
FISH AND FISHERIES.
In Delaware river. L. 1877, p.
318, c. 296.
In Chautauqua lake.
SALE OF REAL PROPERTY. P. 408, c. 400.
Nets in Harlem and East rivers.
L. 1877, p. 412, c. 398, am'd'g L.
Proceedings to sell real estate to
pay debts, &c. Matter of Glann, 1872, c. 436, § 1.
2 Redf. Surr. 75; Jennings v.
Jones, Id. 95.
Posting notice of sale of land
VOL. II.-33
"Heater " "bricked in, covered
by insurance of real property. in parcels.
Adams v. Greenwich Ins. Co., 9 Hun, 1.
Hun, 45.
Engine and boiler.
Hibbard, 10 Hun, 420.
Who entitled to amount collect-
Sisson v.ed by receiver. Washington Life
Ins. Co. v. Fleischauer, 10 Hun,
Machinery in mill-chattel mort- 117.
gage thereon. Kinsey v. Bailey,
9 Hun, 452.
FORCIBLE ENTRY.
Restrained by injunction. Health
Department of N. Y. v. Police
Dept., 41 Super. Ct. (J. & S.) 323.
FOREIGN CORPORATIONS.
May purchase on foreclosure.
L. 1877, p. 167, c. 158.
Act of agent induced by, valid
against principal. Armour .
Michigan Centr. R. R. Co., 65 N.
When barred by partition. Reid F. 111; 3 J. & S. 563.
v. Gardner, 65 N. Y. 578.
Defense of usury. Effect of
clause making deed subject to
mortgage. Barthet. Elias, 2
Abb. New Cas. 364.
Bonus in excess of lawful inter-
est credited on the mortgage as a
payment. Earle v. Hammond, 2
Abb. New Cas. 368.
FORMER ADJUDICATION.
On application for insolvent dis-
charge. Matter of Roberts, 10
Hun, 253; rev'd, see Id. xx.
When partition bars foreclosure.
Reid v. Gardner, 65 N. Y. 578.
Effect of report without judg
ment. Bache v. Doscher, 41 Super.
Foreclosure by advertisement: Ct. (J. & S.) 150.
duty of mortgagee to sell in par- Parol evidence to show real
cels land divided subsequent to question. Lawrence v. Cabot, 41
mortgage. Ellsworth v. Lock- Super. Ct. (J. & S.) 122.
wood, 9 Hun, 548.
Fraudulent transfer competent
Requisites of affidavit of service in action for conversion.
under statute. Mowry v. Sanborn, mier v. Batty, 41 Super. Ct. (J. &
65 N. Y. 581.
Sale of foreign real estate under Usury in different mortgages.
power. Carpenter v. Black Hawk Bissell v. Kellogg, 65 N. Y. 432;
Gold Mining Co., 65 N. Y. 43. 60 Barb. 617.
Effect of report without judg-
ment. Bache v. Doscher, 41 Super.
Ct. (J. & S.) 150.
Judgment for accounting, a bar
in ejectment. Candee v. Burke,
10 Hun, 350.
Power of court to direct sale of Conclusiveness on an heir, of
all the property for benefit of sub-judgment against ancestor. Jen-
sequent incumbrancers. Barnes v. nings v. Jones, 2 Redf. Surr. 95.
Stoughton, 10 Iun, 14.
Reversal annuls; an appeal from
Division of mortgaged premises reversal does not reinstate. Hall
into lots by mortgagor, when sold v. Andrews, 65 N. Y. 572.
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