In re Sycle's Estate
| Decision Date | 28 December 1937 |
| Parties | In re SYCLE'S ESTATE. |
| Court | New Jersey Supreme Court |
Proceeding in the matter of the estate of Isaac Sycle, deceased, wherein an attaching creditor of a nonresident distributee-administrator of the estate filed a petition for an order to compel Harold L. Sycle, Special Administrator, to account.
Accounting ordered in accordance with petition.
Saul Tischler, of Newark, for petitioner. Levitan & Levitan, of Jersey City, for defendant Harold L. Sycle, special administrator.
The question here is whether an attaching creditor of a distributee of an estate, who has duly levied on the distributive share in the hands of the administrator, and whose claim has been reduced to judgment, can compel the administrator to account.
It should be noted, in addition, that the distributee is himself the administrator, that such distributee-administrator is a nonresident, and that there appears on record a refunding bond from the distributee to himself as administrator, reciting that such distributee has received from himself as administrator "the full and complete sum of my administrative share of the estate, amounting to the sum of $6,577.78." Petitioner's judgment almost equals such amount.
It is claimed that the estate is insolvent, that the above amount constituted its entire assets, and that such assets were properly distributed to creditors, the distributee receiving nothing. But these claims are in no wise supported by the record, which shows no insolvency proceedings, and are, indeed, the very facts to be established by the accounting requested.
More precisely, the question is whether or not this attaching creditor, under his levy, is a "person interested in the estate," entitled under the act to an accounting. Orphans' Court Act, § 116, 3 Comp.St. 1910, p. 3853, § 116.
Under the Attachment Act, "a distributive share of an estate in the hands of the * * * administrator * * * may be attached in an action against the * * * next of kin for his debt." 1 Comp. St.1910, p. 136, § 5. As soon as the writ is served, both the defendant's personalty and realty are bound under lien. Id. p. 137, § 7. In the same way that an assignee of a legacy steps into the shoes of the legatee, Executors of Luse v. Parke, 17 N.J.Eq. 415, so, it would seem, would an attaching lienor, to the extent of his lien, particularly when his attachment is reduced to judgment. And it is generally held that an asignee of a...
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