Post v. Ingraham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry C. M- Ingraham, as executor, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of Hovember, 1907, granting the plaintiff’s-motion to revive this.action against said defendant as executor
1Opinion of the Court
Houghton, J.:
Plaintiff’s intestate was a beneficiary under the trust created by the will of James Brady, deceased. John B. De Cue was the sole surviving trustee and plaintiff brought this action in the Supreme Court for an accounting by him as such testamentary trustee. The other beneficiaries under the trust were joined as defendants and process was served upon them, and it is claimed that a summons and complaint was served upon De Cue shortly before his death. He having died leaving a will of which the defendant Ingraham is the executor, the plaintiff moved for an order making him a party…
2Cases cited3 opinions
- In re the Final Judicial Settlement of the Account of Proceedings of SmithAppellate Division of the Supreme Court of the State of New York · 1907
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- Borrowe v. . CorbinNew York Court of Appeals · 1901
3Cited by10 opinions
- Bankers Surety Co. v. . MeyerNew York Court of Appeals · 1912
- Joost v. CastelCalifornia Court of Appeal · 1939
- In re the Accounting of Chase National BankAppellate Division of the Supreme Court of the State of New York · 1944
- In re the Construction of the Will of LeeNew York Supreme Court · 1956
- In re the Estate of FloeschNew York Surrogate's Court · 1950
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