O'Flynn v. . Powers
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made June 30, 1892, which directed a judgment in favor of defendants on submission, under the Code of Civil Procedure (§ 1279), of a controversy. The defendant George A. Powers is executor and trustee under the will of Sarah Macomber, who died April 3, 1873..
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made June 30, 1892, which directed a judgment in favor of defendants on submission, under the Code of Civil Procedure (§ 1279), of a controversy. The defendant George A. Powers is executor and trustee under the will of Sarah Macomber, who died April 3, 1873.. The will was proved in New York county April 10,1873, and letters testamentary thereon were issued to the executor on the same day. The testatrix left three children, Bobert D., Edward D., and Mary L. ■ The daughter Mary was the wife of George…
1Opinion of the Court
Andrews, Ch. J.
It is to be accepted as a primary and undoubted fact that the testatrix, Sarah Macomber, was at her death indebted to the defendant, George A. Powers, and that of this debt there remained due and unpaid by her estate to him at the date of the surrogate’s decree, April 24,1890, after applying thereon all the personal estate of the testatrix in his hands, the sum of $79,632.56. The only question affecting the validity of the debt, left open by the facts agreed upon, is whether the remainder of the debt remaining unpaid at that date- was barred by the Statute of Limitations.
There…
2Cases cited2 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- In Re the Judicial Settlement of the Accounts of PowersNew York Court of Appeals · 1891
3Cited by6 opinions
- Hogan v. . KavanaughNew York Court of Appeals · 1893
- Black v. ElliottSupreme Court of Kansas · 1901
- Donovan v. FlynnAppellate Division of the Supreme Court of the State of New York · 1927
- Rischel v. GerkenAppellate Division of the Supreme Court of the State of New York · 1921
- Liggett v. Estate of LiggettUnion County Probate Court · 1905
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