In the Matter of the Distribution of the Proceeds of the Sale of the Real Estate of Elizabeth A. Stilwell, Deceased

Summary

The New York Court of Appeals affirmed the lower court's order directing the Surrogate's Court to distribute surplus funds from a foreclosure sale of a deceased's estate. It held that a party cannot collaterally attack a provision of a foreclosure judgment that was not raised in the original proceeding, and that the statutes requiring the surplus to be deposited with the Surrogate's Court are constitutional and do not impair the Supreme Court's general jurisdiction.