Shorter v. Mackey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William A. Shorter, as surviving executor, etc., of Benjamin'W. Shorter, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 30th day of March, 1896, upon the report of a referee dismissing the action.
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Appeal by the plaintiff, William A. Shorter, as surviving executor, etc., of Benjamin'W. Shorter, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 30th day of March, 1896, upon the report of a referee dismissing the action. Some time prior to April 19, 1895, .the plaintiff presented to the deféndant a claim in the following form • “ Estate of Dolly A. Shorter : . “ To Estate of Benjamin W. Shorter, Dr. For securities standing- in' the name of Dolly A. Shorter which belong to estate of Benjamin W.…
1Opinion of the Court
Merwin, J.:
Under the provisions of the Revised Statutes, which regulated the references of claims against an estate (§§ 35-37, tit. 3, chap. 6, part 2), it was said in many cases that only those claims were referable which accrued during the life of the decedent, or would have accrued against him if he had lived. (Godding v. Porter, 17 Abb. Pr. 374; Smith v. Patten, 9 Abb. [N. S.] 205; Skidmore v. Post, 32 Hun, 56.) That was the view taken in Matter of Van Slooten v. Dodge (145 N. Y. 327, 332). In Sands v. Craft (10 Abb. Pr. 216) it was held that the liability of the estate of a deceased…
2Cases cited6 opinions
- Wager v. . WagerNew York Court of Appeals · 1882
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- In Re the Judicial Settlement by ClarkNew York Court of Appeals · 1890
- Sands v. CraftNew York Supreme Court · 1859
- Godding v. PorterNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Genet v. WillockAppellate Division of the Supreme Court of the State of New York · 1904
- Fowler v. HebbardAppellate Division of the Supreme Court of the State of New York · 1899
- In re MudgeNew York Surrogate's Court · 1909
- Lamphere v. LamphereNew York Supreme Court · 1900
- Lamphere v. LamphereNew York Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.