43 N.Y.S. 305 | N.Y. Sup. Ct. | 1897
The referee’s report shows that the claim of Mr. Scheldt, the executor, is for money which he expended in paying the taxes upon the land sold herein. I think his claim should be paid first. He paid the taxes in order to prevent the land from being sold for nonpayment of taxes, the same as he paid the interest on the mortgage to prevent the expense of its foreclosure. He should be reimbursed the one the same as the other. As executor, he was not required to pay the taxes levied upon the land of the deceased prior to his death. An executor has only to pay the debts of the decedent. General land taxes in the city of Brooklyn are not
The taxes paid by this executor, not being a charge lipón the personal estate, let them be paid back to him out of the proceeds of the sale of the land.
Ordered accordingly.