Cocks v. . Haviland
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18,1890, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee made pursuant to an interlocutory judgment.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18,1890, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee made pursuant to an interlocutory judgment. In June, 1868, John Cocks died leaving his will, which was shortly after admitted to prohate, and by it he directed the executors to invest such sum upon bond secured by mortgage on real estate in Westchester county as would net an income of $1,000 per year, to he paid to his wife Adelia semi-annually so long as she should remain…
1Opinion of the CourtBradley, J.
The main defense is founded upon the alleged fact and assertion that the defendant did not participate in the administration of the estate of the decedent, and, therefore, that she was not chargeable with liability for the failure to make the investment, as directed by the will, of the share to which the plaintiffs were entitled on the death of their father David Cocks, or for the devastavit of the two executors who took charge of the estate and assumed to administer it. Hpon this subject it appears and the trial court found that Harrison Cocks and George J. Barlow, immediately after the…
2Cases cited4 opinions
- Croft v. . WilliamsNew York Court of Appeals · 1882
- Earle v. . EarleNew York Court of Appeals · 1883
- Bruen v. . GilletNew York Court of Appeals · 1889
- Remington v. WalKerNew York Court of Appeals · 1885
3Cited by9 opinions
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1898
- Kavanaugh v. GouldAppellate Division of the Supreme Court of the State of New York · 1911
- Cheever v. EllisMichigan Supreme Court · 1906
- In re the Estate of WalshNew York Surrogate's Court · 1932
- In re the Compulsory Accounting of the Executors of the Estate of HoaglandAppellate Division of the Supreme Court of the State of New York · 1903
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