Truesdell v. Bourke — 209 N.Y. 507

Majority

p. 507

John W. Truesdell, as Administrator of the Estate of John Fitzgerald, Deceased, Appellant, v. Hannie L. Bourke, Respondent.

Headnote

Truesdell v. Bourke. 149 App. Div. 928 , affirmed.

(Argued May 21, 1913;

decided June 10, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

p. 508

entered February 10, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action under section 1843 of the Code of Civil Procedure, by a judgment creditor of a decedent, to recover the amount of his judgment from a devisee and to charge the real property devised to her with its payment.

William Kennedy for appellant.

William G. Tracy for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Willard Bartlett, Chase, Cuddeback, Hogan and Miller, JJ.