Kyle v. . Kyle
New York Court of Appeals
These are cross-appeals from an order of the General Term of the Supreme Court, in the fourth judicial department, modifying a decree of the surrogate of Cayuga county, and remitting the case for further proceedings. (Reported below, 3 Hun, 458.) The decree was upon final settlement of the accounts of the executors of David Kyle. The executors, George A. Kyle and William Mersereau, filed separate accounts. The former also filed an individual account against the. executor.
Read the full summary
These are cross-appeals from an order of the General Term of the Supreme Court, in the fourth judicial department, modifying a decree of the surrogate of Cayuga county, and remitting the case for further proceedings. (Reported below, 3 Hun, 458.) The decree was upon final settlement of the accounts of the executors of David Kyle. The executors, George A. Kyle and William Mersereau, filed separate accounts. The former also filed an individual account against the. executor. One item in his account was for $1,300, alleged to have been paid to Mary Kyle, widow of John Kyle, in satisfaction of her…
1Opinion of the CourtFolgeb, J.
We agree with the General Term that the surrogate erred in allowing to the executor the amount of the promissory note made by him to Mary Kyle. The reasons, as far as they are given by the General Term, are sound. The learned counsel for the executor claims that they present but a partial view, and that the action of the executor will be upheld in equity, and says that equity will give aid to a doweress after her remedy at law is gone, and cites Johnson v. Thomas (2 Paige, 384), and other authorities to the same end as that. He claims that equity treats the heir at law of the premises as a…
2Cases cited7 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Tucker v. TuckerNew York Court of Appeals · 1868
- Ward v. Van BokkelenNew York Court of Chancery · 1828
- Coates v. CheeverNew York Supreme Court · 1823
- Williams v. PurdyNew York Court of Chancery · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Claim of Marcellus v. Estate of MarcellusNew York Court of Appeals · 1900
- In re the Estate of BeareNew York Surrogate's Court · 1924
- In re Everts' EstateNew York Supreme Court · 1895
- Neilley v. . NeilleyNew York Court of Appeals · 1882
23 more not listed; retrieve them via the Exa API.