Legal Opinion

Baucus v. . Stover

New York Court of Appeals

Decided April 18, 1882PublishedCited by 61 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the January term, 1881, which affirmed a decree of the surrogate of Washington county on the final accounting of defendants as executors of the will of George Stover, deceased. (Reported below, 24 Hun, 109.) The material facts are stated in the opinion.

1Per curiam

At the time of his death George Stover held a note against James Barr for $4, 561. 91 and he named Barr and the other two respondents executors of his will. The executors filed with the surrogate an inventory of the estate of the deceased in which the note against Barr was entered as follows: “Bote of James Barr, dated April 1st, 1874, for $4, 561. 91, balance due at this date $3,753.11, which note we consider very doubtful of collection of any part.” At the time of the death of the testator, Barr was utterly insolvent and he has ever since remained so, and has been unable to pay any part of…

2Cited by61 opinions

  1. Joseph v. . HerzigNew York Court of Appeals · 1910
  2. In Re the Accounting of Mercantile Trust Co.New York Court of Appeals · 1913
  3. Bassett v. Fidelity & Deposit Co.Massachusetts Supreme Judicial Court · 1903
  4. Walker v. WalkerCalifornia Supreme Court · 1899
  5. In Re Connolly's EstateMontana Supreme Court · 1925

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