In Re the Distribution of the Proceeds of the Estate of Fox
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made May 2, 1882, which affirmed a decree of the surrogate of Montgomery county, directing as to the distribution of the proceeds of sale of the real estate of the decedent above named. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made May 2, 1882, which affirmed a decree of the surrogate of Montgomery county, directing as to the distribution of the proceeds of sale of the real estate of the decedent above named. The facts, so far as material, are stated in the opinion. The court had power to restore to plaintiff, from the estate of the testator of the present defendant, the amount of which he had been defrauded. (French’s Case, 4 Co. 31; Gr. & Rud. 405; Story’s Eq. Jur., § 266, note 2; Paulus Dig. L. 17, fr. 141; Ulpian Dig.…
1Opinion of the CourtMiller, J.
The appellant brought an action against Peter Gr. Fox, executor, for the misappropriation of moneys received by him as such executor and obtained a judgment. Fox having died before judgment was entered Jacob 0. Kellis was substituted, as his executor, in his place as defendant, and the judgment declared that the estate of the said Peter Gr. Fox was hable therefor and his executor was directed to pay the same out of his estate by due course of administration, and also it was directed that the appellant recover against Kellis, the executor, costs and disbursements to be paid in like manner.…
2Cited by3 opinions
- Hubbard v. Alamo Irrigating & Manufacturing Co.Supreme Court of Kansas · 1894
- Bennett v. CrainNew York Supreme Court · 1886
- In re the Estate of WyckoffNew York Surrogate's Court · 1931