Practice in Surrogates' Courts : Being a Treatise On the Jurisdiction of the Courts And the Remedies Offered Thereby ; Comprising, Also, the Law of Wills, Executors, Administration, Legacies, Guardians And Dower, With Complete Forms for Practice

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2. For the purpose of procuring a decree from the Surrogate's Court, granting leave to issue the execution, the judgment creditor must present to that court, a written petition, duly verefied, setting forth the facts, and praying for such a decree, and that the persons specified in the first subdivision of this section, may be cited to show cause why it should not be granted. Upon the presentation of such a petition the surrogate must issue a citation Leave in Supreme Court. 489 accordingly ; a
...nd upon the return thereof, he must make such a decree in the premises, as justice re- quires.
An accounting may follow in the discretion of the surrogate. (§ 1826).
Real property not affected by judgment against execu- tor or administrator.
§ 1823. Real property, which belonged to a de- cedent, is not bound, or in any way affected, by a judgment against his executor or administrator, and is not liable to be sold by virtue of an execu- tion issued upon such a judgment, unless the judgment is expressly made, by its terms, a lien upon specific real property therein described, or expressly directs the sale thereof.


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