Cluff v. . Day
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 9, 1888, which affirmed a judgment in favor of defendants entered upon a decision of the coiu-t on trial at Special Term. This action was brought upon a bond executed by the defendants, as sureties, for Edward E. Tower, as executor of the will of Burgess Cluff, deceased. The will contained these provisions : “ First.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made April 9, 1888, which affirmed a judgment in favor of defendants entered upon a decision of the coiu-t on trial at Special Term. This action was brought upon a bond executed by the defendants, as sureties, for Edward E. Tower, as executor of the will of Burgess Cluff, deceased. The will contained these provisions : “ First. I give, devise and bequeath all my property, of every name or nature whatsoever, unto Edward E. Tower, of the town of Cohasset, in the state of Massachusetts,…
1Opinion of the CourtBradley, J.
The action was brought under section 2609 of the Code of Civil Procedure, and the plaintiff in the complaint alleges the decrees of the surrogate made upon the accounting of Tower in 1873 and in 1886, and that at the time of the former he did not set apart anything to represent the balance charged against him by the decree, and made no investment of the trust fund pursuant to it, and that he disobeyed each and both of such decrees of the surrogate. The defense rests mainly upon the alleged ground that the effect of the decree of 1873 was to terminate Tower’s duties as executor, and that…
2Cases cited7 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Laytin v. . DavidsonNew York Court of Appeals · 1884
- In Re the Judicial Settlement of the Account of WilletsNew York Court of Appeals · 1889
- In the Matter of the Estate of HoodNew York Court of Appeals · 1882
- Matter of Estate of HoodNew York Court of Appeals · 1885
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3Cited by7 opinions
- Martz v. McMahonSupreme Court of Minnesota · 1911
- Story's Admr. v. HallSupreme Court of Vermont · 1912
- Karel v. PerelesWisconsin Supreme Court · 1915
- In re the Judicial Settlement of the Account of Proceedings of HitchinsNew York Surrogate's Court · 1903
- Beecher v. YaleNew York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.