Legal Opinion

Kowing v. Moran

New York Surrogate's Court

Decided July 15, 1887PublishedCited by 2 opinions

In March, 1871, Odie Close was duly appointed committee of the person and estate of Nicholas G. Verplanck, a lunatic, who, with his sister Cornelia J., afterwards the wife of Francis Kowing, owned real estate as tenants in common, of the estimated value of from $80,000 to $100,000. The committee, by leave of the court, soon after his appointment, commenced an action for partition of the real estate, in which action William H. Robertson was his attorney.

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In March, 1871, Odie Close was duly appointed committee of the person and estate of Nicholas G. Verplanck, a lunatic, who, with his sister Cornelia J., afterwards the wife of Francis Kowing, owned real estate as tenants in common, of the estimated value of from $80,000 to $100,000. The committee, by leave of the court, soon after his appointment, commenced an action for partition of the real estate, in which action William H. Robertson was his attorney. The action proceeded, as is alleged, to judgment, in which the costs and allowances were fixed at $750. The judgment was never executed. The…

1Opinion of the Court

The Surrogate.

On the hearing in this matter, in regard to the claims presented, it was objected on behalf of the administrator of the estate of Cornelia J. Kowing, deceased, that none of the claims, excepting that of the administrator of the estate of N. 0. Verplanck, are chargeable against him, because they had their origin at a period when he was, by reason of having been judicially declared a lunatic, incapable of creating a liability of any kind. Whatever force there might otherwise be, to such an objection, is set at rest by the order of the Supreme court adjudging them to be a charge…

2Cited by2 opinions

  1. Pike v. ThomasSupreme Court of Arkansas · 1896
  2. In re Brayer, New York County Courts1899

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