Legal Opinion

Hasbrouck v. . Hasbrouck

New York Court of Appeals

Decided June 5, 1863PublishedCited by 5 opinions

Henry W. Hasbrouck, of the city of Hew York, merchant, died intestate, October 9,1859. On Hovember 10th, 1859, the respondent was duly appointed his administrator by the surrogate of the county of Hew York, but never filed an inventory of the estate of the deceased until the 18th of October, 1861. In that inventory he credited assets as follows : “ The interest of the intestate in the stock in trade, effects and.credits of the late firm of Kingon & Hasbrouck, importers, &c.,…

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Henry W. Hasbrouck, of the city of Hew York, merchant, died intestate, October 9,1859. On Hovember 10th, 1859, the respondent was duly appointed his administrator by the surrogate of the county of Hew York, but never filed an inventory of the estate of the deceased until the 18th of October, 1861. In that inventory he credited assets as follows : “ The interest of the intestate in the stock in trade, effects and.credits of the late firm of Kingon & Hasbrouck, importers, &c., in the city of Hew York, and in which the intestate’s interest was one-half, $14,703.91.” It appeared that the…

1Opinion of the Court

It seems to me, that this evidence was properly excluded by the surrogate. It was not offered to show that the assets or interest of the intestate were not of the value at which they were sold at the time of the sale, but that subsequent events have rendered them less valuable than then estimated, and for which they were sold. The purchaser does not make this claim, and for aught that appears, he is entirely satisfied with his bargain. Neither he nor his indorser ever set up that as a reason for not paying the note, and I think the administrator, in this proceeding, is precluded from showing…

2Cases cited2 opinions

  1. Schenck v. . DartNew York Court of Appeals · 1860
  2. Orcutt v. OrmsNew York Court of Chancery · 1831

3Cited by5 opinions

  1. In Re the Estate of HeinzeNew York Court of Appeals · 1918
  2. Pulliam v. PulliamUnited States Circuit Court · 1881
  3. In re the Judicial Settlement of the Accounts of ThompsonNew York Surrogate's Court · 1903
  4. In re Beach's EstateNew York Surrogate's Court · 1892
  5. Palmer v. . KingsfordNew York Court of Appeals · 1889

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