Wright v. Dugan
New York Supreme Court
Action for an accounting in respect of the estate of one William Dougherty. The plaintiff is the executor of Mary J. Dougherty one of the trustees. The other trustee Oscar Spence died insolvent and has never accounted. Five thousand dollars in Government bonds of the estate and other property had disappeared. The plaintiff, to relieve the estate of his" testator from responsibility, put in evidence under objection the following confessions of the defaulting co-trustee.
Read the full summary
Action for an accounting in respect of the estate of one William Dougherty. The plaintiff is the executor of Mary J. Dougherty one of the trustees. The other trustee Oscar Spence died insolvent and has never accounted. Five thousand dollars in Government bonds of the estate and other property had disappeared. The plaintiff, to relieve the estate of his" testator from responsibility, put in evidence under objection the following confessions of the defaulting co-trustee. “ Mem. 1 used the above $5,000 Govt, bonds in 1865 for my personal use. I used by depositing as collateral with D. Donahue…
1Opinion of the CourtDavis, P. J.
The plaintiff as executor of his deceased wife, brings this action for an accounting in respect of the estate of one William Dougherty, her former husband, of which estate she was by his last will, an executrix and one of the trustees. William Dougherty died in 1863, leaving a last will and testament, which was subsequently admitted to probate, in and by which he gave, devised and bequeathed to his widow absolutely, his residence in the city of New York and his furniture and other property therein “except such stocks and bonds as might be in said *116house” at his decease. The will then proceeds…
2Cases cited6 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Hennessy v. . PattersonNew York Court of Appeals · 1881
- Matter of Estate of BrownNew York Court of Appeals · 1883
- Curry v. . PowersNew York Court of Appeals · 1877
- Low v. . HarmonyNew York Court of Appeals · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Judicial Settlement of the Account of the Trustee Under the Will of SmithNew York Surrogate's Court · 1914
- Evans v. SimsNew York Supreme Court · 1894
- Mason v. WedderspoonNew York Supreme Court · 1887