Foehner v. Huber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Valentine G. Foehner, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 30th day of January, 1899, upon the decision of the court, rendered after a trial at the Monroe Special Term, authorizing the dismissal of the plaintiff’s complaint as to both defendants, and declaring that Huber, executor, “is entitled to said fund, to wit, the sum of $1,567.75, besides the accrued…
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Appeal by the plaintiff, Valentine G. Foehner, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 30th day of January, 1899, upon the decision of the court, rendered after a trial at the Monroe Special Term, authorizing the dismissal of the plaintiff’s complaint as to both defendants, and declaring that Huber, executor, “is entitled to said fund, to wit, the sum of $1,567.75, besides the accrued interest thereon, on deposit in Rochester Savings Bank * * * for the purposes of administration. * * * That the…
1Opinion of the Court
Hardin, P. J.:
notwithstanding the stipulation in the ante-nuptial contract between the plaintiff and his wife that, in case of his surviving her, he should have the absolute title to all “ the personal property which may be left by the said Mary Howe ” (the testatrix), it was competent for her to make a will, as she did, and to name an executor thereof. When her will was probated and the executor qualified,he became entitled to take possession of the personal property and convert the same into money foil the purposes of administration. It was his duty to pay such debts as were due from her…
2Cases cited15 opinions
- Johnston v. . SpicerNew York Court of Appeals · 1887
- Jenkins v. FreyerNew York Court of Chancery · 1833
- Bradish v. GibbsNew York Court of Chancery · 1818
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Shumway v. CooperNew York Supreme Court · 1853
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3Cited by1 opinion
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923