The Miscellaneous Reports (Volume 79); Cases Decided in the Inferior Courts of Record of the State of New York

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1913 Excerpt: ... Misc.l Surrogate's Court, Kings County, March, 1913. In the Matter of the Application of Catherine Brown, Administratrix of Edward J. Brown, Deceased, for a Decree Directing the Disposition of His Real Property for the Payment of His Debts. (Surrogate's Court, Kings County, March, 1913.) Surrogates--sale of decedent's lands for payment of debts--no jurisdiction to set aside sale and direct a resale. Where a decedent's lands have been sold for the payment of debts, and the administratrix has received earnest money from the purchaser, the surrogate is without jurisdiction to set aside the sale, direct a resale and a return of the earnest money. Proceeding for the sale of decedent's real property for the payment of his debts. John F. Canavan, for petitioner. Harry J. Sokolow, for Susan Halliday, purchaser. Ketcham, S. In this proceeding, for the sale of decedent's lands for the payment of debts, the administratrix, pursuant to the decree, has sold the lands at auction and has received earnest money from the purchaser. She now asks that the sale be set aside, that a resale be directed and that the amount received by her from the purchaser be repaid. The circumstances disclosed are such that the application would be granted if the court could find power to entertain it. Such power is denied by the only known authority on the subject. Matter of Bridgeport Brass Company, App. Div. Second Department, February, 1913. The result is harsh and injurious. Human life would be happier and, no doubt, executors and administrators charged with the sale of lands for the payment of debts would find a larger peace and safety if the statutes could only be so construed as to invest the surrogate with the power to control such sales. Surrogate's Court, Kings County, March, 1913. V...