Bellinger v. Potter
New York Supreme Court
Appeal from judgment on report of referee. Action by Jennie Y. Bellinger, as administratrix of Betsey D. Bellinger, deceased, against George B. Potter, as executor, etc., of George Potter, deceased, for a legacy of $4,000, given to plaintiff’s intestate, Betsey D. Bellinger, in the will of George Potter, who died April 26, 1869. The will was proved, and letters testamentary issued to the defendant, on May 25, 1869. The executor has never had a judicial accounting except in…
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Appeal from judgment on report of referee. Action by Jennie Y. Bellinger, as administratrix of Betsey D. Bellinger, deceased, against George B. Potter, as executor, etc., of George Potter, deceased, for a legacy of $4,000, given to plaintiff’s intestate, Betsey D. Bellinger, in the will of George Potter, who died April 26, 1869. The will was proved, and letters testamentary issued to the defendant, on May 25, 1869. The executor has never had a judicial accounting except in this action. The legatee, Betsey D. Bellinger, died August 6, 1885, and letters of administration were issued to the…
1Opinion of the CourtMerwin, J.
The evidence is sufficient to sustain the finding of the payment of $1,980 upon the legacy. The claim, however, of the plaintiff is that numerous errors to her prejudice were made by the referee in stating the executor’s account. In the will, which is dated June 1, 1868, there is the following clause: “Third. Having deeded to my son George B. Potter the homestead farm, containing one hundred and twenty-eight acres of land, said deed bearing date the 5th day of February, 1868, and said premises being valued at the sum of six thousand four hundred dollars, and the amount intended as a bequest…
2Cases cited2 opinions
- Hobart v. . HobartNew York Court of Appeals · 1875
- In re CampNew York Supreme Court · 1890