Morse v. Smith
New York Supreme Court
Appeal from special term, Wayne county. Action by Emma C. Morse against V. Moreau Smith, executor, etc., of Emma Herrick, deceased, Helen E. Smith, and Emilie S. Smith, to compel the two last-named defendants to deliver certain personal property to the executor defendant, and to compel the latter to inventory the same as part of his decedent’s estate. From an order for a judgment, and"from a final judgment, sustaining defendants’ demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtMacomber, J.
The purpose of this action is to compel the defendants Helen E. Smith and Emilie S. Smith to deliver to the defendant V. Moreau Smith, as executor, etc., certain articles of personal property, and to require the latter to include such property as assets of the estate of Emma Herrick, deceased, of whose last will and testament he is the executor; and also to inventory such property as a part of the personal property of the estate of the testatrix, and to make final disposition of such property according to the terms and provisions of such will. The complaint shows that the plaintiff is one of…
2Cases cited10 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Gaines v. FuentesSupreme Court of the United States · 1876
- Coal Co. v. BlatchfordSupreme Court of the United States · 1871
- Ellis v. DavisSupreme Court of the United States · 1883
- Childress v. EmorySupreme Court of the United States · 1823
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3Cited by1 opinion
- Van Camp v. SearleNew York Supreme Court · 1894