Miller v. . Montgomery
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a decree of the surrogate of the county of New York upon settlement of the accounts óf William A. Miller as executor of David Rea, deceased. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a decree of the surrogate of the county of New York upon settlement of the accounts óf William A. Miller as executor of David Rea, deceased. The facts appear sufficiently in the opinion. Defendants have called the witness Pollock, and sworn him generally, they rendered him competent for plaintiff, although he might have been originally incompetent; and as to every matter embraced in the issue, they are estopped from saying he is interested. (Fulton Bank v. Stafford, 2 Wend., 485 ; Varick…
1Opinion of the CourtEarl, J.
Upon the accounting of the appellant as executor of the will of David Rea, deceased, certain of the legatees appeared and filed objections to the account, claiming that he should have charged himself with the proceeds of certain securities for the payment of money which the testator is alleged to have owned at the time of his decease. The executor claimed that these securities were given to his wife by the testator some months before his death. Hugh S. Pollock had for many years been a partner of the testator, and the fact of the gift depends upon his evidence. He was called by the counsel…
2Cases cited1 opinion
- Willcox v. SmithNew York Supreme Court · 1858
3Cited by23 opinions
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Church v. . HowardNew York Court of Appeals · 1880
- Ortiz v. StateSupreme Court of Florida · 1892
- Griswold v. . HartNew York Court of Appeals · 1912
- State v. MarcksSupreme Court of Missouri · 1897
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