1 Gibb. Surr. 65 | N.Y. Sur. Ct. | 1894
It is claimed by the counsel for the respondent that the bond accompanying the mortgage was an obligation of the deceased which his executors should pay, they having sufficient funds of the estate for that purpose. If this view were
The word “ ancestor,” in Termes D'e La Ley, is said, in a forensic sense, to be more properly applied to the possessor of an estate than to an ancestor of a family, and in this sense it is frequently, and, indeed, most generally, employed in books which treat of descents of real estate and in statutes relating to that subject. Burrill, in his Law Dictionary, defined it to be “one who has gone before or preceded in the seizin or possession of real estate.” Here the devisee takes it cum onere. Taylor v. Wendel, 4 Barb. 324; 4 Kent’s Comm. 420. In a proceeding in Surrogates’ Courts to sell real estate for the payment of the debts of a decedent, on which there is a mortgage, the bond which usually accompanies it is never treated as a debt to be proven.
As the value of the equity in the premises is found to be less than $500, it is exempt from taxation, and the decree fixing the tax is, therefore, reversed, with costs.
Decree reversed, with costs.