Reports of Cases Heard and Determined in the Supreme Court of the State of New York (Volume 74)

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.1893 Excerpt: ... DEBTOR AND CREDITOR--Continued. Pass. Held, to show, at most, au intent to give and accept a preference, and, in the absence of proof of fraud, not to warrant the sotting aside of such bill of sale, judgment, and the appointment of the receiver, at the suit of another creditor of the son. Lindsley V. Van Cortlandt 145 2. Action by an attaching creditor to vacate tfie same on the ground of fraud. St-mble, that a mere attaching creditor, who has recovered no judgment in his attachment suit, cannot maintain an action to set aside such bill of sale, judgment, and appointment of receiver. Id. 3. Sale of a decedent's real estate on a creditor's application--express chfirge of debts upon realty. The Code of Civil Procedure ( 2749) provides that real property, of which a decedent died seized, may bo disposed of for the payment of his debts and funeral expenses as prescribed in this title, except where it is devised expressly charged with the payment of debts. William Campbell, whose will contained no mention of his debts nor direc-tion for their payment, after giving certain legacies, devised the residue of his estate to his executors, in trust, to receive the rents and profits during the lifetime of his wife, and apply them to the support of his family, and after her death he devised the remainder to his children. By a subsequent clause he empowered his executors, if they should deem it to be for the best interests of his estate, to sell any of his real estate. Certain of the creditors of the testator having petitioned the surrogate of the county of New York for a sale of his real estate, the application was denied. On appeal by the creditors: Held, that the application should not have been refused. That the real estate of the decedent was not expressly...