¶1While the surrogate’s order remains in force it is a sufficient basis for issuing execution, and must be regarded as an adjudication that the assets are abundant to justify the making of the order. The execution is rendered unavailing by the appointment and possession of the receiver. The court can only carry the order of the surrogate into effect by allowing-the order now asked for. Motion granted.
2 Abb. N. Cas. 208
In re Clark
Decided December 15, 1876
New York Supreme Court · decided 1876-12-15
, of John H. McCrum, deceased. In February, 1876, Samuel and Alexander Clark obtained a judgment against the executors of John H. McCrum. On March 15 a petition was filed and proceedings taken in the surrogate’s court of New York county, for leave to issue an execution upon the judgment against the executors, under the statute, on, the ground that there were assets in their hands applicable thereto.
Decided 1876-12-15