New York Court of Appeals

Jacob Erwin, Respondent v. Isaac C. Loper

January 31, 187143 N.Y. 521

Summary

The Court of Appeals held that executors who gave the statutorily required six‑month notice to creditors and acted in good faith are immune from liability to a creditor who failed to present a claim within that period, and that proceeds from the sale of estate real estate may be used to pay taxes, mortgages, and agents before the residue is distributed to the devisees.