Walton v. Walton
New York Court of Appeals
Horatio 1ST. "Walton, administrator da bonis non, sued Sarah P. Walton, executrix, Ssc., of William B. Walton, deceased, in the supreme court, for an account and payment of assets. Jonathan Walton, deceased, left William B. Walton his executor, who, after receiving assets of the estate, died, leaving the defendant his executrix. The plaintiff was appointed administrator, da bonis non, of the unadministered assets of Jonathan, the first decedent.
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Horatio 1ST. "Walton, administrator da bonis non, sued Sarah P. Walton, executrix, Ssc., of William B. Walton, deceased, in the supreme court, for an account and payment of assets. Jonathan Walton, deceased, left William B. Walton his executor, who, after receiving assets of the estate, died, leaving the defendant his executrix. The plaintiff was appointed administrator, da bonis non, of the unadministered assets of Jonathan, the first decedent. He thereupon demanded the assets from the executrix of William B., the deceased executor; and the demand being refused, brought the present action.…
1Opinion of the Court
By the Court.
Hogeboom, J.
If this case turns upon *516the allegations in the complaint, independent of those contained in the annexed schedule, I have no doubt that the action is well brought; and I do not see that they are so far varied by the contents of the schedule that that should alter the results at which we should otherwise arrive. Those allegations are explicit, that William B. Walton, had, at his death, in his hands, a large portion of the assets of Jonathan Walton unadministered; that the plaintiff had been duly appointed administrator of such unadministered assets, and that the…
2Cited by7 opinions
- Caulkins v. . BoltonNew York Court of Appeals · 1885
- Rosen v. WardAppellate Division of the Supreme Court of the State of New York · 1904
- Dunne v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Bayer v. PhillipsNew York Supreme Court · 1886
- Caulkins v. BoltonNew York Supreme Court · 1884
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