Dix v. Hozier
New York Supreme Court
Appeal taken by the plaintiff from the judgment entered herein dismissing the plaintiff’s complaint, with costs. The facts, briefly stated, are as follows: William H. Hozier died February 28, 1873, in New Jersey, and his father, the defendant, qualified as his executor March 17, 1873, and continued to act until 1878. He received $5,000 assets of said estate on a claim against the Japanese government, on June 21, 1878, after much effort, and these were the only assets he was…
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Appeal taken by the plaintiff from the judgment entered herein dismissing the plaintiff’s complaint, with costs. The facts, briefly stated, are as follows: William H. Hozier died February 28, 1873, in New Jersey, and his father, the defendant, qualified as his executor March 17, 1873, and continued to act until 1878. He received $5,000 assets of said estate on a claim against the Japanese government, on June 21, 1878, after much effort, and these were the only assets he was ever able to realize. During the five years of his trust he paid out of his own pocket all the testamentary and funeral…
1Opinion of the Court
Barnard, P. J
Upon the question of fact found by the referee there is no cause for the reversal of the judgment. The deceased testator, represented in this action by the plaintiff, was the son of the defendant. He left a will and made the defendant his executor. The deceased lived in the state of New Jersey, and the defendant was empowered to act as executor by the orphan’s court of that state.
The will is peculiar: The testator had three children; he had what he supposed to be some $14,000. Shortly before his death he transferred certain specific articles of property (all he had) to the…
2Cases cited2 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- People ex rel. Commercial Insurance v. Supervisors of New-YorkNew York Supreme Court · 1836