Dryer v. Brown
New York Supreme Court
Appeal from special term, Oneida county. Action by Emma E. Dryer «against Eton G-. Brown, as surviving executor of Harvey Barnard, deceased. « .Harvey Barnard died in April, 1883, leaving a will, which was admitted to probate, of which the defendant Brown is the surviving executor. In February, 1884, the executor advertised, in accordance with the statute, for the presentation of claims against the estate.
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Appeal from special term, Oneida county. Action by Emma E. Dryer «against Eton G-. Brown, as surviving executor of Harvey Barnard, deceased. « .Harvey Barnard died in April, 1883, leaving a will, which was admitted to probate, of which the defendant Brown is the surviving executor. In February, 1884, the executor advertised, in accordance with the statute, for the presentation of claims against the estate. About March 4,1885, the plaintiff presented to the executor a verified notice of her claims against the estate, consisting of four promissory notes mentioned in the findings of fact by the…
1Opinion of the CourtHardin, P. J.
1. Plaintiff gave evidence upon the trial tending to establish the genuineness of the signatures of the deceased to the several promissory notes mentioned in the report of the referee, and the defendant gave evidence strongly tending to indicate that the notes were forgeries, and were not executed or delivered by the deceased to the plaintiff. The issue of fact was so' closely contested as to whether or not the signatures were genuine, as well as *488whether the notes were delivered, if genuine, for any consideration to the plaintiff, we are of the opinion that any erroneous ruling that may have…
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