Phillips v. . McCombs
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term setting aside a report of a referee in favor of defendant. This was a reference, under the statute, of a disputed claim against an estate. The claim was presented by plaintiff as committee of Madison McCombs, an idiot.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term setting aside a report of a referee in favor of defendant. This was a reference, under the statute, of a disputed claim against an estate. The claim was presented by plaintiff as committee of Madison McCombs, an idiot. On the 16th of April, 1868, George McCombs died, leaving a will containing a bequest to the plaintiff’s ward, in these words: “ I also give and bequeath to my son, Madison McCombs, the sum of $300 cash, to be paid in two years after my death.” At that…
1Opinion of the CourtRapallo, J.
The referee found that the legacy of $300 was inserted in the will for the purpose of paying the testa tor’s .debt of $300 to his son Madison, and that such arrangement, for the payment of the debt, was made with the consent and approval of Madison, and was satisfactory to him, and that, when the legacy was paid by the executrix, it was paid by her and accepted by him as payment of the debt. This finding was based upon evidence of the declarations of Madison that his father had agreed to pay all he owed him in two years from the time of his death, and that on coming out of his father’s room,…
2Cited by10 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1880
- White v. DeeringCalifornia Court of Appeal · 1918
- In re the Estate of ColeNew York Surrogate's Court · 1914
- In re the Estate of PercivalNew York Surrogate's Court · 1913
- Newcomb v. La RoeAppellate Division of the Supreme Court of the State of New York · 1914
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