Hyperlawhypertext legal database In re Callaghan's Estate 27 N.Y.S. 1110

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In re Callaghan's Estate

27 N.Y.S. 1110 Court N.Y. Gen. Term Decision date 1894-02-12 English

Delivered by CULLEN, J.

Contents

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p. 1110
In re CALLAGHAN’S ESTATE. In re METROPOLITAN BREWING CO.
(Supreme Court, General Term, Second Department.
February 12, 1894.)

Headnote

Appeal from surrogate court, Kings county.
Application by the Metropolitan Brewing Company, as creditor of Honora Callaghan, deceased, to participate in the funds pending the stay. From a decree directing distribution to the heirs disregarding the debts, petitioner appeals.
Argued before PRATT, DYKMAN, and CULLEN, JJ.
Dailey & Bell (James D. Bell, of counsel), for appellant Metropolitan Brewing Co.
Theo. Burgmyer, for appellants Amsdell Bros., T. C. Lyman & Co., and D. M. Koehler.
Moffett & Kramer, for respondent Stephen McCabe.
John H. Steeriwerth, for respondent John B. Callaghan.
John Bradley Lord, special guardian. .
Frank L. Barnard, for Meyer, assignee, etc.
Dana & Clarkson, for Katie 0. Callaghan.

This appeal presents the same question decided by this court in 69 Hun, 161 , 23 N. Y. Supp. 378 , on an appeal from the same decree taken by other creditors. On the authority of that decision the order appealed from must be reversed, and a decree entered for the payment to appellant of its share of the fund, with costs of this appeal to be paid out of the estate.