Walton v. Walton
New York Court of Appeals
Appeal from judgment on demurrer to complaint. This case was brought by Horatio ÜT. Walton, administrator de bonis non, against Sarah P. Walton, executrix, &c., of William B. Walton, deceased. Jonathan Walton died, leaving William B. Walton bis execntor, who, after receiving assets of the estate, died, leaving the defendant his executrix. The plaintiff was appointed administrator, de bonis non, of the unadministered assets of Jonathan, the first decedent.
Read the full summary
Appeal from judgment on demurrer to complaint. This case was brought by Horatio ÜT. Walton, administrator de bonis non, against Sarah P. Walton, executrix, &c., of William B. Walton, deceased. Jonathan Walton died, leaving William B. Walton bis execntor, who, after receiving assets of the estate, died, leaving the defendant his executrix. The plaintiff was appointed administrator, de bonis non, of the unadministered assets of Jonathan, the first decedent. He thereupon demanded the assets from the executrix of William B., the deceased executor; and this being refused, brought the present…
1Opinion of the Court
By the Court.—Rosekrans, J.
The case made by the complaint, which is demurred to, as not stating facts sufficient to constitute a cause of action, is, in substance, this : Jonathan Walton, deceased, made his will, by which he gave the use of his mansion house, and the use and income of one-third of the rest of his real and personal estate, to his wife, for life ; and all the rest, residue and remainder of his real and personal estate, including that part given t.o his wife, after her death, to his three sons and two daughters. Subsequently, the'testator made a codicil, by which he revoked the…
2Cases cited20 opinions
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Dakin v. DemmingNew York Court of Chancery · 1836
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
- Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
15 more not listed; retrieve them via the Exa API.