Legal Opinion

Harris v. . Ely

New York Court of Appeals

Decided September 5, 1862PublishedCited by 15 opinions

1Opinion of the Court

It was clearly proven that the receipt was not given upon any adjustment of accounts between the executors and the legatee. No payment beyond a nominal one is expressed, and none is pretended to have been made at the time it was given. At the best, it was only an acknowledgment by a parol writing that the executor had not at that time anything in his hands, as executor, belonging to Mrs. Thomas as legatee. The paper does not profess to be an admission that the executor had fully administered the estate of the testator, but only that he had accounted for all the moneys which had come to his…

2Cited by15 opinions

  1. Bevan v. . CooperNew York Court of Appeals · 1878
  2. In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
  3. In re Proving the Last Will & Testament of MeyerNew York Surrogate's Court · 1911
  4. In re Wagner's EstateNew York Supreme Court · 1889
  5. In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915

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