Buffalo Loan, Trust & Safe Deposit Co. v. Leonard
New York Court of Appeals
Appeal from a judgment of the Apjiellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1896, which affirmed a judgment in favor- of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Apjiellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1896, which affirmed a judgment in favor- of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The guardian having assented to the funds remaining in the hands of the executor, without security, and receiving payments of interest thereon, assumed the responsibility of making good to its wards the sums of money that were lost by reason of the devastavit of the executor, as it was solely…
1Opinion of the CourtGray, J.
The plaintiff, as administrator with the will annexed of the estate of Dorothea Leonard, deceased, brought this action to recover of the defendant, John Leonard, moneys which had been prematurely paid to him, as residuary legatee, by a former executor of the estate.
By Mrs. Leonard’s will she gave certain pecuniary legacies, among others, to Margaret and Herman Ruf. The remainder of her estate she gave to her husband, John Leonard, the defendant. The will was admitted to probate in May, 1890, and Louis IL.Pnrviance was appointed sole executor. At that time, Margaret and Herman Ruf were infants…
2Cases cited1 opinion
- Mills v. . SmithNew York Court of Appeals · 1894
3Cited by14 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- In Re the Will of BloomingdaleNew York Court of Appeals · 1938
- Moody Bible Institute v. PettiboneAppellate Court of Illinois · 1937
- In re the Estate of ClarkNew York Surrogate's Court · 1938
- In re the Estate of ClarkeNew York Surrogate's Court · 1936
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