In re Beecher's Estate
New York Supreme Court
Appeal from surrogate’s court, Kings county. Petition of Charles E. O’Connor, as receiver of the property of Herbert Foote Beecher, a judgment debtor, to compel the executors of the estate of Henry Ward Beecher to account. From an order of the surrogate granting the petition the executors appeal.
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Appeal from surrogate’s court, Kings county. Petition of Charles E. O’Connor, as receiver of the property of Herbert Foote Beecher, a judgment debtor, to compel the executors of the estate of Henry Ward Beecher to account. From an order of the surrogate granting the petition the executors appeal. The petition alleged the appointment of petitioner as receiver, and as such entitled to all the interest of the judgment debtor in the estate of Henry Ward Beecher remaining in the hands of the executors, and averred that as such receiver judgment had been recovered against him for a specific amount.…
1Opinion of the CourtCullen, J.
This is an appeal from an order of the surrogate directing the executors of the will of Henry Ward Beecher to account. The petitioner applies as receiver of the property of Herbert F. Beecher, a son of the testator and a beneficiary under the latter’s will. The records show that the application was granted on the petition and answers alone, the order reciting, “and the parties having only submitted the same.” The petition alleged that the applicant was appointed receiver in a certain proceeding named. This was a sufficient allegation of the petitioner’s title. He was not bound to plead each…
2Cases cited3 opinions
- Rockwell v. . MerwinNew York Court of Appeals · 1871
- O'Connor v. Mechanics' BankNew York Supreme Court · 1889
- Stewart v. BeebeNew York Supreme Court · 1858
3Cited by1 opinion
- In re the Estate of SeniorNew York Surrogate's Court · 1939