Pittman v. Johnson
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered in Oneida county upon the report of a referee, for $645.38. May 3, 1878, Lemuel Pittman, the testator, died, leaving a wife and six children surviving him. His last will and testament was admitted to probate July 10, .1878. The defendant was appointed executor and trustee under said will, and qualified as such.
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Appeal from a judgment in favor of the plaintiff, entered in Oneida county upon the report of a referee, for $645.38. May 3, 1878, Lemuel Pittman, the testator, died, leaving a wife and six children surviving him. His last will and testament was admitted to probate July 10, .1878. The defendant was appointed executor and trustee under said will, and qualified as such. The testator, by his will, after his lawful debts were paid and discharged, devised to his widow, the plaintiff, the possession and the use of the premises known as No. 42 Lansing street, in the city of Utica, for and during the…
1Opinion of the Court
Hardin, P. J.:
Ve think that the referee’s finding that a demand was made on the 10th of December, 1882, of the defendant in behalf of the plaintiff, was warranted by the evidence given upon the hearing. Mr. Dunmore testified affirmatively that he made the demand personally of the defendant, and that the defendant refused to make any payment to the plaintiff for or on account of the trust estate. Johnson, as a witness, admitted that he held a conversation in December, 1882, with Mr. Dunmore, and that Mr. Dunmore claimed that the plaintiff was entitled to interest on all the money in my hands…
2Cases cited7 opinions
- Cooke v. . MeekerNew York Court of Appeals · 1867
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- Seymour v. SeymourNew York Court of Chancery · 1820
- Briggs v. WellsNew York Supreme Court · 1851
- Matter of Spelman v. . TerryNew York Court of Appeals · 1878
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