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4 Redf. 355

Davis v. Davis

New York Surrogate's Court

Decided November 15, 1879

New York Surrogate's Court · decided 1879-11-15

George Benedict Davis, one of the heirs-at-law of the deceased, was entitled to a share of the surplus proceeds of the sale of decedent’s real estate, remaining after the payment of the expenses of the proceeding and the debts. His share of such surplus amounted to $129.22.

Decided 1879-11-15

¶1The Surrogate.—While the county judge has power to direct my examination as to the property of the heir in my hands, he clearly has no power to interfere with my disposal of the fund as by the statute I am directed. If, at the time of the sale of the premises, the judgment had been a lien thereon, it would have been my duty to pay the money in question to the judgment creditor. (Clocke v. Igglesden, 3 Redf., 389.) But it never has been a lien, and she has never had any interest in the premises sold. (2 R. S., 107, § 43.)

¶2Whatever, therefore, may be the result of my exami*357nation, I must, nevertheless pay the money to the heir, if he present himself, or to such person as may be appointed, on supplemental proceedings, to receive it.

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