In re Bradbury
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Chemung County. In the matter of the final settlement of the account of Levi Bradbury, as executor of the last will of Jerusha M. Sherman, deceased.
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Appeal from Surrogate’s Court, Chemung County. In the matter of the final settlement of the account of Levi Bradbury, as executor of the last will of Jerusha M. Sherman, deceased. Five of seven residuary legatees named in the will of Jerusha M. Sherman, deceased, appeal from that part of the decree of the surrogate settling the final account of the executor of said will, dated July 26, 1904, and entered in the office of the surrogate of said county July 27, 1904, wlierein it directs the allowance and payment to Wesley C. Rowley of the sum of $4,336.75, the amount of a claim presented by him…
1Opinion of the CourtChase, J.
The respondent, on the 9th day of June, 1903, duly presented to executor a against estate ceased, consisting of a promissory note, with interest thereon from its date, of which note the following is a copy:
“$4150.00 Webb Mills, Nov. 16th, 1899.
“On demand I promise to pay to the order of W. O. Rowley four thousand one hundred fifty dollars. Value received. Interest one per cent.
“[Signed] J. M. Sherman.”
On June 11, 1903, the executor rejected said claim, and thereafter a written consent was duly filed by the claimant and said executor that said claim be heard and determined by the surrogate of…
2Cases cited5 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Worth v. . CaseNew York Court of Appeals · 1870
- Claim of Gallagher v. Estate of BrewsterNew York Court of Appeals · 1897
- Yarwood v. Trusts & Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Delos Bush v. WhitakerNew York Supreme Court · 1904
3Cited by2 opinions
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