Willcox v. Smith
New York Supreme Court
THE above entitled causes are five appeals from the decree of the county judge of Chenango county, made by him while acting as surrogate of that county, on the 29 th day of December, 1855, upon the final accounting and settlement of Lucinda Willcox, administratrix, and Elisha B. Smith and Whitman Willcox, administrators of the goods, chattels and credits of Whitman Willcox, jun. deceased.
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THE above entitled causes are five appeals from the decree of the county judge of Chenango county, made by him while acting as surrogate of that county, on the 29 th day of December, 1855, upon the final accounting and settlement of Lucinda Willcox, administratrix, and Elisha B. Smith and Whitman Willcox, administrators of the goods, chattels and credits of Whitman Willcox, jun. deceased. Whitman Willcox, jun. died intestate, at Norwich, in the county of Chenango, on the 4th day of August, 1845. On the 1st day of September, in that year, the above named Lucinda Willcox, Elisha B. Smith and…
1Concurrence
Gray, J.,
concurred in the reversal, upon the ground that the administrators and administratrix and Bexford were erroneously allowed to testify; and upon the ground that Smith's receipt as guardian, to himself as administrator, was improperly received in evidence. He did not express an opinion Upon any other point.
Mason, J.
The auditor committed an error in allowing these- administrators to be sworn in behalf of each other. They were not competent witnesses for each other under the common law rules of evidence, or the statutes relative to proceedings before surrogates. And our code of procedure…
2Cases cited19 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Corwin v. MerrittNew York Supreme Court · 1848
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817
- De Freest v. BloomingdaleNew York Supreme Court · 1848
- Fort v. GoodingNew York Supreme Court · 1850
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