Sands v. Craft
New York Supreme Court
Appeal from an order on the report of a referee. The action was brought against the defendants as executors. of Isaac L. Craft deceased, who was a coexecutor with the plaintiffs of the will of Robert Sands. The object of the action was to adjust and recover the amount of assets held by the decedent at the time of his death, as such coexecutor.
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Appeal from an order on the report of a referee. The action was brought against the defendants as executors. of Isaac L. Craft deceased, who was a coexecutor with the plaintiffs of the will of Robert Sands. The object of the action was to adjust and recover the amount of assets held by the decedent at the time of his death, as such coexecutor. The referee awarded costs to the plaintiffs, on the ground that defendants had refused to refer the claim under the statute, and the defendants appealed.
1Opinion of the Court
By the Court.*—Brown, J.
Isaac L. Craft, the defendants’ testator, was not the debtor of the plaintiffs, or of the plaintiffs’ testator in his lifetime, and at the time of his death. He was the coexecutor and trustee of the plaintiffs, in regard to the estate real and personal of David Sands, the plaintiffs’ testator. He had been selected for this place of trust and confidence by David Sands himself, and, in connection with the plaintiffs, had taken into his hands 'the trust property, and proceeded to execute the trust. This was his precise position at the time he died, and his relation to the…
2Cited by7 opinions
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- Keyser v. KellyThe Superior Court of New York City · 1877
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