Moss v. . Cohen
New York Court of Appeals
Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of Hew York, entered June 25, 1896, affirming a judgment which sustained the defendants’ demurrer to the complaint, awarded them final judgment for costs and disbursements and directed execution thereon. 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 General Term of the late Court of Common Pleas for the city and county of Hew York, entered June 25, 1896, affirming a judgment which sustained the defendants’ demurrer to the complaint, awarded them final judgment for costs and disbursements and directed execution thereon. The nature of the action and the facts, so far as material, are stated in the opinion. Leaving out of view the form of the security delivered by the defendants to. the executors at the time of making such advance, the plaintiff as executor would be entitled to recover for the estate the money…
1Opinion of the CourtMartin, J.
On the twelfth day of August, 1866, Solomon D. Moss died in the city of Mew York leaving a last will and testament, whereby he appointed Ralph Moss, David Moss and Sophia • Moss, his wife, the executors thereof. He left him surviving his widow, four sons, Ralph, David, Mordecai and Henry, and three daughters, Fanny Cohen, Adelaide Peyser and Rosa B. Silberstein. At the time of his death all his children had reached their majority, except Henry, who was then sixteen years of age.
By the testator’s will his whole estate, after paying certain legacies, was to be sold by the executors, the…
2Cases cited10 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
- Deobold v. . OppermannNew York Court of Appeals · 1888
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3Cited by42 opinions
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- In Re the Probate of the Will of CookNew York Court of Appeals · 1926
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
- Brinkley v. CasablancasAppellate Division of the Supreme Court of the State of New York · 1981
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