The Disposition of a Decedent's Real Property for the Payment of Debts and Funeral Expenses Under the Code of Civil Procedure of the State of New York

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Banks, 1908 - 340 páginas

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Página 126 - ... 2. Where the defendant, being a resident of the state, has departed therefrom with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent.
Página 311 - ... those persons. Each person, who would be entitled to share in the distribution of the proceeds of a sale, must be cited to show cause, why such a decree should not be made.
Página 115 - If the defendant is an infant of the age of fourteen years, or upwards, or if the court has, in its opinion, reasonable ground to believe, that the defendant, by reason of habitual drunkenness, or for any other cause, is mentally incapable adequately to protect his rights, although not judicially declared to be incompetent to manage his affairs...
Página 263 - In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written.
Página 75 - debts" includes every claim and demand, upon which a judgment for a sum of money, or directing the payment of money, could be recovered in an action...
Página 59 - ... for presenting a petition, founded upon a debt, which was in controversy in the 'action; if the creditor has, before the expiration of the time so limited, filed in the clerk's office of the county were the real property is situated, a notice of the pendency of the action ; specifying the names of the parties...
Página 24 - real property " as used in this article, includes every estate, interest and right, legal and equitable, in lands, tenements and hereditaments, except such as are determined or extinguished by the death of an intestate, seized or possessed thereof, or in any manner entitled thereto ; leases for years, estates for the life of another person; and real property held in trust, not devised by the beneficiary.
Página 267 - The commencement of a suit for the recovery of a debt or the obtaining a judgment thereon against the executor or administrator shall not entitle such debt to preference over others of the same class.
Página 25 - Every estate granted or devised to two or more persons in their own right shall be a tenancy in common, unless expressly declared to be in joint tenancy ; but every estate, vested in executors or trustees as such, shall be held by them in joint tenancy.
Página 301 - Upon the confirmation of the sale, the executor or administrator must execute to the purchaser an assignment of the contract, which vests in the purchaser, his heirs and assigns, all the right, title, and interest of the estate, or of the persons entitled to the interest of the decedent, in the lands sold at the time of the sale and the purchaser has the same rights and remedies against the vendor of such land as the decedent would have had if he were living.

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