Horner v. Webster
Supreme Court of New Jersey
In assumpsit. This case came before the Circuit Court of the county of Hunterdon, and was argued upon the following statement, of facts, agreed to by the parties: Elizabeth Horner, the plaintiff, married Joseph B. Horner in 1853. Joseph B. Horner departed this life in August, 1864, having first duly executed his last will and testament, by which he appointed Abel Webster the sole executor thereof.
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In assumpsit. This case came before the Circuit Court of the county of Hunterdon, and was argued upon the following statement, of facts, agreed to by the parties: Elizabeth Horner, the plaintiff, married Joseph B. Horner in 1853. Joseph B. Horner departed this life in August, 1864, having first duly executed his last will and testament, by which he appointed Abel Webster the sole executor thereof. Elizabeth, as one of the heirs-at-law of Isaac R. Srope, who died intestate, in the county of Hunterdon, in April, 1862, was entitled to a distributive share of the estate of said decedent, to the…
1Opinion of the Court
Beasley, Chief Justice.
The object of this action is to recover from the executor of the husband the moneys re*389ceived by him as the distributive share of the wife in the estate of her father. The marriage took place in the year 1853. The father of the wife died 'intestate, in the year 1862, and his administrators paid to the husband of the plaintiff the portion of the estate due to her on distribution among the next of kin. Part of the moneys thus received the husband applied to his own uses; another part he invested in bond and mortgage, payable to himself, and the residue he had taken in the…
2Cases cited4 opinions
- White v. WagerNew York Supreme Court · 1860
- Gage v. DauchyNew York Supreme Court · 1859
- Winans v. PeeblesNew York Supreme Court · 1860
- Goss v. CahillNew York Supreme Court · 1864