Watson v. King
New York Supreme Court
Appeal from judgment on report of a referee. Action by James T. Watson against Elizabeth P. King, as surviving executrix of Abraham P. Grant, deceased, for an accounting. From a judgment in favor of plaintiff for $691.10 and costs, defendant appeals. The controversy in this case is over an agreement made the 14th July, 1873, between the executors of the last will and testament of Abraham P. Grant, deceased, of the first part, and John W. P. Allen, of the second part.
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Appeal from judgment on report of a referee. Action by James T. Watson against Elizabeth P. King, as surviving executrix of Abraham P. Grant, deceased, for an accounting. From a judgment in favor of plaintiff for $691.10 and costs, defendant appeals. The controversy in this case is over an agreement made the 14th July, 1873, between the executors of the last will and testament of Abraham P. Grant, deceased, of the first part, and John W. P. Allen, of the second part. The plaintiff is the owner of whatever rights John W. P. Allen had on the 15th June, 1877. The defendant is the sole surviving…
1Opinion of the CourtMerwin, J.
1. It is evident that by the agreement of July 14, 1873, all the controversies between the parties up to that time were designed to be adjusted. Mutual releases were given as to prior transactions. The title to a quantity of real estate had been taken by A. P. Grant in his own name, in which Allen claimed an interest, and the agreement recognizes the fact that Allen had an interest. Divers items are declared to be the property of Allen, and, as to other items, Allen releases all his interest to the executors. Besides these, there remained the contracts and the Murray property, specified in…
2Cases cited2 opinions
- Crane v. . McDonaldNew York Court of Appeals · 1890
- Parker v. McCluerNew York Court of Appeals · 1867
3Cited by1 opinion
- Morrison v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1895