Smith v. Murray
New York Surrogate's Court
Petition by Abigail A. Smith, a legatee under decedent’s will, for a decree directing Jane A. Murray and Jessie Reynolds, the executrices, to pay her legacy. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The petitioner, who is a legatee under decedent’s will, makes application, under section 2717 of the Code, for a decree directing the executor to pay her legacy. By the express provisions of section 2718, such a petition must "be dismissed if the executor in a sworn answer denies the validity and legality of the claim, and alleges facts which support Ms denial.
The answer which has been interposed in the present case alleges that, at the time of decedent’s death, the legatee was indebted to her in a larger sum than the amount bequeathed to her by the will. It is claimed in…
2Cases cited5 opinions
- Smith v. KearneyNew York Court of Chancery · 1848
- Wright v. AustinNew York Supreme Court · 1865
- Clarke v. BogardusNew York Supreme Court · 1834
- Rickets v. LivingstonNew York Supreme Court · 1800
- Close v. Van HusenNew York Supreme Court · 1854
3Cited by1 opinion
- Ashley v. LambNew York Supreme Court · 1888