Hurlburt v. . Durant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 18, 1881, which affirmed a decree of the surrogate of the city and county of New York, in proceedings under the Code of Civil Procedure (§§ 2717, 2718), to compel defendant, as executor of the will of Clark Durant, deceased, to pay an alleged balance unpaid of certain legacies. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 18, 1881, which affirmed a decree of the surrogate of the city and county of New York, in proceedings under the Code of Civil Procedure (§§ 2717, 2718), to compel defendant, as executor of the will of Clark Durant, deceased, to pay an alleged balance unpaid of certain legacies. The material facts are stated in the opinion. A party may have a choice of remedies upon the same facts. (Clarke v. Pinney, 6 Cow 298; Bk. of Orange v. Brown, 3 Wend. 158; Van Hook v.…
1Opinion of the CourtDanforth, J.
The proceeding before the surrogate was instituted under sections 2717, 2718 of the Code of Civil Procedure, by the petitioner, who describes himself as the assignee of certain claims and legacies, or balances of certain legacies under the will of Clark Durant, deceased. He demanded judgment that Charles W. Durant, as its sole executor, pay the same with interest. The legatees under whom the petitioner cl aim a are named, and the several interests claimed for them set out by the testator in the thirtieth clause of his will, ia these words: c;I give, devise and bequeath to my said executors,…
2Cases cited4 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Scholey v. . MumfordNew York Court of Appeals · 1875
- Drake v. . PriceNew York Court of Appeals · 1851
- Cram v. CramNew York Surrogate's Court · 1876
3Cited by44 opinions
- Johnson v. . LawrenceNew York Court of Appeals · 1884
- Laytin v. . DavidsonNew York Court of Appeals · 1884
- Olcott v. . BaldwinNew York Court of Appeals · 1907
- Fiester v. . ShepardNew York Court of Appeals · 1883
- Hancox v. . MeekerNew York Court of Appeals · 1884
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