Williams v. Clements
New York Supreme Court
Appeal from judgment on report of referee. Action by Henry H. Williams against Isaac R. Clements, executor of Henry Williams, deceased, on a disputed claim against the estate of deceased. Prora a judgment for plaintiff, entered on an order confirming the report of a referee, defendant appeals.
1Opinion of the CourtMayham, P. J.
The referee finds that the plaintiff, while a soldier in the field, during the war of the Rebellion sent to the testator, from time to time, money received by him to the amount of about $400, and that the testator in his lifetime returned to the plaintiff $100 of the same. That the money was sent by plaintiff, and was received by the testator in trust for the plaintiff until he wanted the same; and that testator retained the same, and was holding it in trust for the plaintiff at the time of his decease. That in the lifetime of the testator, and while he was so holding the money in trust for…
2Cases cited5 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Hayden v. . Florence Sewing Machine Co.New York Court of Appeals · 1873
- City Bank of Brooklyn v. . DearbornNew York Court of Appeals · 1859
- Wolstenholme v. Wolstenholme File Manufacturing Co.New York Court of Appeals · 1876
- Roberts v. Johnstown BankNew York Supreme Court · 1891