Stevens v. Stevens
New York Surrogate's Court
This was a proceeding on the final accounting by the executors of the will of Paran Stevens, deceased. The account was filed by John L. Melcher and O. G. Stevens, two of the executors, on the 4th June, 1874, to which Marietta R. Stevens, executrix, filed objections, September 4, 1874, stating that the account was filed without her being joined, and insisting on her right to join in such accounting, so that she might be discharged as such executrix.
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This was a proceeding on the final accounting by the executors of the will of Paran Stevens, deceased. The account was filed by John L. Melcher and O. G. Stevens, two of the executors, on the 4th June, 1874, to which Marietta R. Stevens, executrix, filed objections, September 4, 1874, stating that the account was filed without her being joined, and insisting on her right to join in such accounting, so that she might be discharged as such executrix. Among the objections thus filed by Marietta R. Stevens, were the following:— To the sum of $11,390.69, in schedule under date August 10th, 1872,…
1Opinion of the Court
The Surrog-ate.
In passing upon the question raised by the objections to the account in this matter I shall consider them seriatem.
1. As to the ownership of the opera box, the question is whether the facts proved constitute a gift to Mrs. Stevens inter vivas.
The counsel for Mrs. Stevens cited several authorities upon his brief showing that a chose in action may be assigned by paroi, to sustain the claim of Mrs. Stevens to the-opera box in question ; but in each of the cases referred to, as I understand them, there was an actual delivery of the evidence of the indebtedness, and *277it seems to me,…
2Cases cited10 opinions
- Gardner v. GardnerNew York Court of Chancery · 1838
- Bedell v. . CarllNew York Court of Appeals · 1865
- Williams v. CraryNew York Supreme Court · 1830
- Irish v. NuttingNew York Supreme Court · 1867
- Hine v. HineNew York Supreme Court · 1863
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3Cited by2 opinions
- Cliett v. CliettTexas Commission of Appeals · 1880
- In re CooperNew York Surrogate's Court · 1894