Croft v. Williams
New York Supreme Court
■ Appeal by tlie above-named executor from a decree made by ■ the surrogate of Ulster county, February 2, 1880, upon the finaU settlement of his accounts, by which lie was decreed to pay to each of the respondents the sum of $1,986.20. Mary Williams, the testatrix, died in the month of April, 1868,. and resided then at Bondout with her husband, John Williams.
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■ Appeal by tlie above-named executor from a decree made by ■ the surrogate of Ulster county, February 2, 1880, upon the finaU settlement of his accounts, by which lie was decreed to pay to each of the respondents the sum of $1,986.20. Mary Williams, the testatrix, died in the month of April, 1868,. and resided then at Bondout with her husband, John Williams. She left four children — the respondents and two sons, all minors — ' residing with her and her husband at the time of her death. She made her will, giving two-thirds of her property to the respondents, to be equally divided between…
1Opinion of the Court
Learned, P. J.:
The first question relates to the $2,000. The circumstances aré as follows. The testatrix left no personal property of any consequence. She. left a house and lot at Rondout, and a farm' al White Plains, which the executors had a power to sell. She diei in April, 1868. In October, 1869, Williams, one of the executor», applied to Croft, the other, for $2,000. The purpose avowed tjy Williams, was to pay a mortgage on the house and lot, and to pay bills and funeral, expenses.. Thereupon Croft advanced to Wiliams, at that time, $2,000 ; and took Williams’s note therefor’, not signed…
2Cases cited2 opinions
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Elmendorf v. LansingNew York Court of Chancery · 1820