Woodruff v. Woodruff
New York Supreme Court
Appeal from an order of the Surrogate’s Court. The appellant was Marcus P. Woodruff, executor of John O. Woodruff, deceased. The respondent was Emily B. Woodruff, widow, executrix, and residuary legatee, under the will of John O. Woodruff. The appellant, the deceased, and one Robert M. Henning, had been copartners in the firm of Woodruff & Go.
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Appeal from an order of the Surrogate’s Court. The appellant was Marcus P. Woodruff, executor of John O. Woodruff, deceased. The respondent was Emily B. Woodruff, widow, executrix, and residuary legatee, under the will of John O. Woodruff. The appellant, the deceased, and one Robert M. Henning, had been copartners in the firm of Woodruff & Go. Under an order of the surrogate of Hew York, made upon the petition of'Mrs. Woodruff, the appellant filed an account or statement, under oath, in which he stated the interest of said John 0. Woodruff, at the time of his death, in the said firm of…
1Opinion of the CourtClerke, J.
Inasmuch as the appellant was the sole acting executor, and as the respondent was a legatee under the will, she had the right, in that capacity, to cite him to render an account as such acting executor.
The order of the surrogate of the 23d of Jan., 1863, was not made for the purpose of liquidating the affairs of the copartnership, but for the purpose of ascertaining what amount the appellant had collected as executor, from the assets of the firm, for the benefit of the estate of the testator. Surely, if he was not a copartner of the testator in that firm, he would be liable to account for all…
2Cited by3 opinions
- Beste v. BurgerNew York Court of Common Pleas · 1885
- In re the Estate of MertensNew York Surrogate's Court · 1902
- Becker v. LawtonNew York Surrogate's Court · 1886