In re Randall — 1 Cai. 513

Majority

p. 648

In the matter of Randall, an absent debtor.

Headnote

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.

The 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.

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