Kaughran v. Kaughran
Appellate Division of the Supreme Court of the State of New York
Appeal by - the defendant, Margaret Donnelly, as trustee under the last will and testament of John E. Kaughran, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of May, 1902, striking out a demurrer interposed by said defendant to the complaint.
1Opinion of the Court
Patterson, J.:
This action is at law upon a money demand for a specific sum, which the plaintiff claims as a balance of an amount received by the defendants’ testator, to be used for a particular purpose, and which balance having been unexpended by the testator was, at the time of his death, justly 'due and owing by him to the plaintiff. It is alleged in the complaint that the defendants are the executors of the last will and testament of the testator and also trustees of a trust therein and thereby created. Margaret Donnelly, one of the executors and trustees, interposed an answer as…
2Cases cited1 opinion
- Cashman v. . ReynoldsNew York Court of Appeals · 1890
3Cited by2 opinions
- Crotty v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Sheridan v. TuckerAppellate Division of the Supreme Court of the State of New York · 1910