Thorn v. . Garner
New York Court of Appeals
Cboss-appeals from different portions of judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 18, 1886, which affirmed a judgment entered upon the report of a referee.
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Cboss-appeals from different portions of judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 18, 1886, which affirmed a judgment entered upon the report of a referee. This action was brought by William E. Thorn, the sole surviving executor of and trustee under the will of Thomas Garner, Jr., deceased, to obtain permission from the court for his resignation as executor and trustee, to have a new trustee appointed and for a settlement of plaintiff’s account. The defendants, appellants, were the widow and daughter of plaintiff’s…
1Opinion of the CourtPeckham, J.
On the 16th of October, 1867, Thomas Garner, a resident of the city of Hew York, died. Up to the time of his death he had carried on an extensive business in the manufacture and sale of cotton goods under the firm name of Garner & Go. By his will he gave and bequeathed to his son Thomas, plaintiff’s testator, the sum of $1,000,000, to be paid to him within eighteen months after the testator’s decease. The chief ques tian arising upon this appeal is,'whether the legacy bore interest from the time of the death of the testator np to the time when it was paid, eighteen months thereafter. It has…
2Cases cited2 opinions
- Bradner v. . FaulknerNew York Court of Appeals · 1855
- Hart v. . WilliamsSupreme Court of North Carolina · 1877
3Cited by26 opinions
- Matter of RutherfurdNew York Court of Appeals · 1909
- Bank of Niagara v. TalbotAppellate Division of the Supreme Court of the State of New York · 1906
- In re Judicial Settlement of the Account of DunnAppellate Division of the Supreme Court of the State of New York · 1896
- In re Vedder's WillNew York Surrogate's Court · 1891
- Evans v. PosterWisconsin Supreme Court · 1891
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