Brower v. Bowers
New York Court of Appeals
James Brower, general guardian of Valentine, Maria Elizabeth, and John, Kettleman, infant children of Valentine Kettle-man, deceased; and Lewis Carpenter, and Mary, his wife; and Nicholas Cromer; and Jacob Ferris, general guardian of Mary Elizabeth Ferris, petitioned the surrogate of Queens county to compel Conrad Bowers, surviving executor of Peter Marks, deceased, to pay certain legacies claimed under the will of said Marks, with interest from the time they should have…
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James Brower, general guardian of Valentine, Maria Elizabeth, and John, Kettleman, infant children of Valentine Kettle-man, deceased; and Lewis Carpenter, and Mary, his wife; and Nicholas Cromer; and Jacob Ferris, general guardian of Mary Elizabeth Ferris, petitioned the surrogate of Queens county to compel Conrad Bowers, surviving executor of Peter Marks, deceased, to pay certain legacies claimed under the will of said Marks, with interest from the time they should have been paid; and upon being cited to appear and answer the petitioners’ claims, Bowers denied that they were entitled to…
1Opinion of the Court
By the Court.
Harris, J.
In 1845, Anthony Cromer filed a bill in chancery against the executors of Peter Marks, deceased, on behalf of himself and such other legatees as might choose to come in and contribute to the expense of the suit. The bill, after setting forth the will, states that the executors, though they had funds sufficient for that purpose, declined paying the legacies to which by the terms of the will the plaintiff and his brothers and sisters were severally entitled, without a decision of some competent tribunal declaring that they were entitled to such legacies. The bill prayed…
2Cases cited2 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Williamson v. ParisienNew York Court of Chancery · 1815
3Cited by11 opinions
- Price v. . PriceNew York Court of Appeals · 1891
- Dodge v. CampbellAppellate Division of the Supreme Court of the State of New York · 1930
- In re the Estate of ShefferNew York Surrogate's Court · 1931
- In Re the Judicial Settlement of the Accounts of LoganNew York Court of Appeals · 1892
- Park Hill Co. v. HerriotAppellate Division of the Supreme Court of the State of New York · 1899
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