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1 Cai. Cas. 513

In re Randall

New York Supreme Court

Decided February 15, 1804

New York Supreme Court · decided 1804-02-15

<p>If the trustees of an absent debtor’s estate admit there will be a surplus after payment of all demands, the court will, on petition, order a part to be paid to the debtor, or his agent.</p>

Decided 1804-02-15

¶1The attorney of the debtor, who was still abroad, applied to have the sum of five thousand five hundred dollars paid to them by the trustees of the creditors, on a petition stating, that after payment of all demands then established, and keeping in hand a sufficient sum to answer any which might appear, there would remain, of the money, now in the Manhattan bank, to the credit of the debtor’s estate, a very large surplus.

¶2These facts being admitted by the trustees, the Court ordered according to the prayer of the petition.

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