Williams v. Purdy
New York Court of Chancery
This was an appeal from the sentence or decree of the surrogate of the county of Westchester, upon the final settlement of the account of an executor. Upon the return of the citation to account, the respondent, N. Purdy, jun., brought in his account with the estate, and therein credited himself with the sum of $219,27, as and for a debt due to him from the testator, for monies lent and services rendered to the testator in his life time.
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This was an appeal from the sentence or decree of the surrogate of the county of Westchester, upon the final settlement of the account of an executor. Upon the return of the citation to account, the respondent, N. Purdy, jun., brought in his account with the estate, and therein credited himself with the sum of $219,27, as and for a debt due to him from the testator, for monies lent and services rendered to the testator in his life time. Having failed in proving this indebtedness by any competent testimony, he insisted that the general affidavit annexed to the account was sufficient to…
1Opinion of the Court
The Chancellor.
The surrogate erred in supposing that the affidavit of the executor, annexed to the account in this case, was presumptive evidence of the existence of the debt claimed to have been due from the testator to the respondent. The affidavit merely states that the account to which it is annexed “ is a correct and true statement and account of all the proceedings of the deponent, as one of the executors, &c. according to the best of his knowledge, information and belief.” This would not be sufficient to authorize the allowance of a disputed item of twenty dollars or under, without a…
2Cited by18 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
- Kyle v. . KyleNew York Court of Appeals · 1876
- Gilbert v. . ComstockNew York Court of Appeals · 1883
- Keller v. StuckNew York Surrogate's Court · 1880
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