Sheldon v. . Sheldon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1890, which affirmed an interlocutory judgment in favor of plaintiff, a final judgment in her favor entered upon the report of a referee, and also an order confirming the report of said referee. The nature of the action and 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 fifth judicial department, entered upon an order made October 23, 1890, which affirmed an interlocutory judgment in favor of plaintiff, a final judgment in her favor entered upon the report of a referee, and also an order confirming the report of said referee. The nature of the action and the facts, so far as material, are stated in the opinion. Even had the understanding and agreement existed on the 24th of November, 1864, which the court has without legal evidence found, this action, brought to a court of equity, should,…
1Opinion of the CourtO’Bbien, J.
The plaintiff is the widow of Edgar Sheldon, ■defendants’ testator. She brought this action to procure an accounting by the defendants, as executors of her husband, for moneys alleged to have been received by him, in his life-time, for the plaintiff’s use and under an agreement to invest the same for her benefit, and to account to her, when requested, for such moneys and all accumulations thereof. There was an interlocutory judgment in her favor which determined the principal questions. This was followed by a reference to take and state the account and a final judgment which determined the…
2Cases cited5 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Mills v. . MillsNew York Court of Appeals · 1889
- People v. . FishNew York Court of Appeals · 1891
- Lake v. TysenNew York Court of Appeals · 1852
- Williams v. CraryNew York Supreme Court · 1830
3Cited by26 opinions
- Adams v. . OlinNew York Court of Appeals · 1893
- In re the Estate of HerbNew York Surrogate's Court · 1937
- McLaughlin v. . WebsterNew York Court of Appeals · 1894
- In re the Judicial Settlement of the Account of ArntonAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Judicial Settlement of the Estate of DaileyNew York Surrogate's Court · 1904
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