Mesick v. Mesick
New York Supreme Court
This was an appeal from the decree of the surrogate of Albany, upon the final settlement of the accounts of Jacob Mesick, the appellant, and the respondents Stephen Mesick and Henry Van Denburgh, as executors of the will of Thomas Mesick, deceased.
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This was an appeal from the decree of the surrogate of Albany, upon the final settlement of the accounts of Jacob Mesick, the appellant, and the respondents Stephen Mesick and Henry Van Denburgh, as executors of the will of Thomas Mesick, deceased. The will was executed on the second day of April, 1840. The testator first directed that his debts, and the legacies mentioned in the will, should be paid by the executors out of his personal property, if sufiicient for that purpose, and if not sufficient, then that such debts and legacies should be a lien upon his real estate. He then gave to each…
1Opinion of the Court
By the Court, Harris, J.
I think the objection to the witnesses Peter T. Mesick and George Mesick, on the ground of interest, was well taken. They were clearly interested in the result of the matters in litigation before the surrogate. As legatees claiming under the will, they had appeared by their counsel before the surrogate, and were contesting the appellant’s account. Though they had, when offered as witnesses, assigned their claims upon the estate, they were still parties to the proceedings, and might have been charged with costs, in the discretion of the surrogate. They are proper…
2Cited by4 opinions
- Whitney v. PhoenixNew York Surrogate's Court · 1880
- In re the Estate of SlensbyNew York Surrogate's Court · 1938
- Ransom v. Keyes & LandonNew York Supreme Court · 1828
- Snyder v. SnyderNew York Supreme Court · 1883