Legal Opinion

Moore v. Moore

New York Court of Appeals

Decided December 15, 1860PublishedCited by 22 opinions

M. Price Moore, executor of Lewis Moore, deceased, appealed to this court from a decision of the supreme court, affirming a decree of the surrogate of the city and county of New York, made on a final settlement of the executor’s accounts. The testator died in 1843, at his residence in Mew Jersey, and in the same year the executor, his son, filed an inventory showing fifteen thousand dollars personal assets.

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M. Price Moore, executor of Lewis Moore, deceased, appealed to this court from a decision of the supreme court, affirming a decree of the surrogate of the city and county of New York, made on a final settlement of the executor’s accounts. The testator died in 1843, at his residence in Mew Jersey, and in the same year the executor, his son, filed an inventory showing fifteen thousand dollars personal assets. The executor then claimed two thousand five hur dred dollars to be due to himself for his seiwices as testator’s agent; and this was the only claim he then made. In the same year he…

1Opinion of the CourtWeight, J.

[After stating the facts, and disposing of an objection resulting from a misconception of the decree.] — 2. As to the claim for moneys paid to the United States Fire Insurance Company.

The facts on which the claim is founded, were substantially these: The testator’s wife, the mother of the executor, as heir at law of Stephen Price, was interested in one-half of No. 104 Broadway and one-half of No. 52 Courtlandt-street, and in September, 1840, she, with her husband, conveyed the same to the appellant. From that time, neither the testator nor his wife had any interest in the property. The…

2Cases cited1 opinion

  1. Granger v. Howard InsuranceNew York Supreme Court · 1830

3Cited by22 opinions

  1. In re BlakeNew York Surrogate's Court · 1929
  2. In re the Judicial Settlement of the Account of Proceedings of Mechanics & Farmers' Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1930
  3. In re the Accounting of KlausnerNew York Surrogate's Court · 1948
  4. In re the Estate of GroganNew York Surrogate's Court · 1913
  5. In re the Accounting of FinchNew York Surrogate's Court · 1949

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