Applebee v. Duke
New York Supreme Court
Appeal from special term, Allegany county. Action for an accounting by Andrew J. Applebee and Eugene P', Whitcomb, as executors of the last will and testament of Joseph Duke,, deceased, against William Duke, surviving partner of testator, impleaded with Emily Duke, Hanford Duke, and Myron Duke, devisees. From an order granting defendants Hanford Duke and Myron Duke an inspection of the books and papers of William Duke, William Duke appeals. Affirmed.
1Opinion of the CourtLewis, J.
This action was brought by the plaintiffs, as executors under the will of Joseph Duke, to compel an accounting as to the partnership transactions between the said copartners, Joseph and William Duke. The defendants Emily Duke, Hanford Duke, and Myron Duke are the heirs at law and next of kin of the said Joseph Duke, deceased, and as such, under the will of the said Joseph Duke, are entitled to the distribution of his estate. Joseph died December 23, 1884. He and William had been, for many years prior and up to the time of his death, copartners in the lumber and oil-producing business, and as…
2Cited by1 opinion
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