Hoyt v. . Bonnett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of Hew York, settling the accounts of respondents as executors. „ (Reported below, 58 Barb., 529.) • Augustus Whitlock, of the city of Hew York, died prior to September 20th, 1866, leaving a last will and testament, which was duly admitted to probate, and on the last mentioned day letters testamentary were issued by the surrogate…
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of Hew York, settling the accounts of respondents as executors. „ (Reported below, 58 Barb., 529.) • Augustus Whitlock, of the city of Hew York, died prior to September 20th, 1866, leaving a last will and testament, which was duly admitted to probate, and on the last mentioned day letters testamentary were issued by the surrogate of Hew York to respondents, Daniel B. Whitlock, Robert C. Gwyer and Peter R. Bonnett, the executors therein named. The…
1Opinion of the Court
ÁLLENj J.
To entitle an executor or administrator to the benefit of the short statute of limitations, by which one having a claim against the estate of a deceased person may be barred of his action and forfeit his claim, the representative of the estate must, in all essentials, comply with the statute creating the har. EÍeither the statute nor the acts of executors or administrators under it are to receive a liberal interpretation or to be extended by implication beyond their natural and ordinary import. With a single exception, courts and judges have regarded the act as penal in its…
2Cases cited3 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Trustees of the Leake & Watts Orphan House v. LawrenceNew York Court of Chancery · 1844
3Cited by29 opinions
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- Lambert v. . CraftNew York Court of Appeals · 1885
- Donnally v. Montgomery County Welfare BoardCourt of Appeals of Maryland · 2001
- Miller v. EwingOhio Supreme Court · 1903
- Jones & Brindisi, Inc. v. BreslawNew York Court of Appeals · 1928
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