Willis v. . Sharp
New York Court of Appeals
Appeals from an order of the General Term of the Supreme Court in the second judicial department, made December 8, 1890, which affirmed an order of Special Term, the substance of which is hereinafter stated.
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Appeals from an order of the General Term of the Supreme Court in the second judicial department, made December 8, 1890, which affirmed an order of Special Term, the substance of which is hereinafter stated. Fida C. Sharp, the defendant’s testatrix, by her will, which was admitted'to probate in April, 1885, expressed her wish and direction that some legitimate business be carried on by the executors for the benefit of her son, and that her husband be the manager of it at a salary of $1,500 per year. One of the persons nominated in the will as executor renounced, and letters testamentary were…
1Opinion of the CourtBradley, J.
The receiver claims that he paid out the fund in good faith and in obedience to orders directing him to do-so. If that contention is sustained by the facts, the claim as. against him for restitution cannot be supported. He received the fund pursuant to the order made in action Mo. 1 appointing him as such, and directing the defendant to hand it over to him, and he made the payments of September 5, 1888, of $494.17 on account of plaintiffs’ judgment in action Mo. 2,, and $408.21 on the Cutter judgment in obedience to. the direct ' tion in orders of the court, and by them he was protected in…
2Cases cited1 opinion
- Willis v. . SharpNew York Court of Appeals · 1889
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