Wilson v. Baptist Education Society
New York Supreme Court
This was an appeal from a decree of the surrogate of the county of Dutchess, pronounced on the 11th day of March, 1850, by which the appellants, executors of Rebecca Thompson, deceased, were ordered and directed to pay to the Baptist Education Society of the state of New-York, the respondents, the sum of $1234, being the amount of a certain instrument in writing, under the hand and seal of the said Rebecca Thompson, dated the 19th day of April, 1843, payable to the trustees…
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This was an appeal from a decree of the surrogate of the county of Dutchess, pronounced on the 11th day of March, 1850, by which the appellants, executors of Rebecca Thompson, deceased, were ordered and directed to pay to the Baptist Education Society of the state of New-York, the respondents, the sum of $1234, being the amount of a certain instrument in writing, under the hand and seal of the said Rebecca Thompson, dated the 19th day of April, 1843, payable to the trustees of the Baptist Education Society of the state of New-York, to endow a scholarship. From this decree the executors…
1Opinion of the Court
By the Court, Brown, J.
I shall examine the two principal questions discussed upon the argument of this, cause. 1st. Whether the bond claimed by the respondents, for the sum of $1000, and which the surrogate adjudged, by -his decree, should be paid out of the proceeds of the estate, is a valid, legal claim, against the appellants. And, 2d. Whether the surrogate, upon the proceedings for the final accounting, had jurisdiction and authority to make a decree for the payment of the money mentioned in the*bond, when the same was disputed, and the liability of the appellants to pay the amount…
2Cases cited9 opinions
- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
- Vrooman v. PhelpsNew York Supreme Court · 1807
- F. J. Harrison & Co. v. SmithCourt of Appeals of Texas · 1884
- M'Auley v. BillengerNew York Supreme Court · 1822
- Kidd v. Chapman & DanielsNew York Court of Chancery · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Tucker v. TuckerNew York Court of Appeals · 1868
- Tucker v. TuckerNew York Court of Appeals · 1868
- Spear v. DowningNew York Supreme Court · 1861
- Cleveland v. WhitonNew York Supreme Court · 1860
- Smith v. SalomonNew York Court of Common Pleas · 1877
14 more not listed; retrieve them via the Exa API.