Baldwin v. Smith
New York Supreme Court
Appeal from special term, Queens county. Action by Elizabeth Baldwin against William Henry Smith, individually and as executor and trustee, and others, for an accounting. A demurrer to part of the answer was overruled, and plaintiff appeals.
1Opinion of the CourtDykman, J.
This is an appeal from an order overruling the
demurrer of the plaintiff to a part of the answer of the defendant. The action is brought against the defendant as executor, and against other persons interested in the estate of Jacob Baldwin, deceased. The plaintiff demands, in her prayer for relief, that the defendant, Smith, as executor, account for all the property which came into his hands as siich executor, both real and personal, and also the proceeds of the sale of real estate sold by him under the *160power of sale contained in the avíII of the testator, together with the rents and profits…
Also in this document: Concurrence.
2Cases cited1 opinion
- Garlock v. . VandevortNew York Court of Appeals · 1891
3Cited by3 opinions
- Baldwin v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Sackett v. WoodburyAppellate Division of the Supreme Court of the State of New York · 1902
- Baldwin v. SmithAppellate Division of the Supreme Court of the State of New York · 1896