Wood v. . Young
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 12, 1893, which affirmed a judgment in favor of defendant entered upon an order of Special Term confirming the report of a referee. This was a reference under the statute of a disputed claim presented by plaintiff to defendant as executor of the" will of Thomas Cornell, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 12, 1893, which affirmed a judgment in favor of defendant entered upon an order of Special Term confirming the report of a referee. This was a reference under the statute of a disputed claim presented by plaintiff to defendant as executor of the" will of Thomas Cornell, deceased. The facts, so far as material, are stated in the opinion. The referee should have found the conclusions of law proposed by the plaintiff, that the action is not barred by the Statute of…
1Opinion of the CourtO’Brien, J.
The plaintiff is the half sister of Thomas Cornell, who' died in the month of March, 1890, leaving a will of which the defendant is the executor. On the 26th of September, 1892, the plaintiff presented the claim which is the subject of this controversy against his estate to the executor, in which she demanded, as her due, the sum of $5,000, with interest thereon from the first day of April, 1876. The claim was disputed by the executor and referred under the statute applicable in such cases, and the referee dismissed the claim upon the ground that it was barred by the Statute of Limitations.…
2Cases cited2 opinions
- Mills v. . MillsNew York Court of Appeals · 1889
- Hickok v. HickokNew York Supreme Court · 1852
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- Board of Education v. RettaliataNew York Court of Appeals · 1991
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