Kimball v. Scribner
New York Surrogate's Court
Appeal by the defendant, Frank Kimball Scribner, as executor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange .on the 2d day of May, 1916, upon the decision of the court after a trial at the Orange Special Term.
1Opinion of the Court
Carr, J.:
This appeal presents a very interesting question as to which there seems to be a sharp conflict of authority. In October, 1914, Mrs. Harriet A. Bacon made her last will and testament by which she bequeathed to her “beloved brother William H. Kimball * * * absolutely the sum of $20,000.” She died in 1914, and her will was admitted to probate. More than one year having elapsed since the granting of letters testamentary without payment of the legacy, the legatee brought this action to recover the amount thereof from the executor of the testatrix. The defendant executor answered the…
2Cases cited5 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Allen v. EdwardsMassachusetts Supreme Judicial Court · 1883
- In re the Judicial Settlement of the Estate of FosterNew York Surrogate's Court · 1895
- In re LeslieNew York Surrogate's Court · 1878
- Richardson v. KeelTennessee Supreme Court · 1882