Weeks v. Weeks
The Superior Court of New York City
Trial by bhe court. Henry A. Weeks, individually and as administrator, &c., of Nathaniel G. Weeks, and as executor, «fee., of Mary Weeks, sued George W. Weeks, as executor, &c., of Jacob Weeks, and Jacob W. Cornwell and. Charles H. Ostrander, as executors, &c., of Catharine Weeks, to recover a bond and mortgage for $15,000, executed by said Nathaniel T. and Mary Weeks in favor of said Jacob Weeks.
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Trial by bhe court. Henry A. Weeks, individually and as administrator, &c., of Nathaniel G. Weeks, and as executor, «fee., of Mary Weeks, sued George W. Weeks, as executor, &c., of Jacob Weeks, and Jacob W. Cornwell and. Charles H. Ostrander, as executors, &c., of Catharine Weeks, to recover a bond and mortgage for $15,000, executed by said Nathaniel T. and Mary Weeks in favor of said Jacob Weeks. Jacob Weeks died September 9,1881, leaving a will, which, so far as applicable to this mortgage, provided as follows: “II. I give, devise and bequeath to my wife, Catherine Weeks, and her heirs…
1Opinion of the CourtIngraham, J.
The first question to be determined in this action is whether or not the judgment of the supreme court in the action of Charles H. Ostrander, as executor, against Jacob Weeks Cornwell and another, as executors, &c., is a bar to this action,.and a conclusive determination of the question here.
That action was commenced by one of the executors of the last will and testament of Catherine Weeks, deceased, to compel the executors of the last will and *148testament of Jacob Weeks, her husband, to account for and pay over to the plaintiff in that action all of the property and money due to the estate of…
2Cases cited4 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Carpenter v. . SouleNew York Court of Appeals · 1882
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Wanzer v. . CaryNew York Court of Appeals · 1879
3Cited by5 opinions
- In re the Judicial Settlement of the Account of TurnerNew York Surrogate's Court · 1901
- Lesser v. LesserThe Superior Court of the City of New York and Buffalo · 1895
- Lesser v. LesserThe Superior Court of New York City · 1895
- Lesser v. LesserThe Superior Court of New York City · 1895
- Muller v. FerryNew York Supreme Court · 1889