Legal Opinion

Dye v. Kerr

New York Supreme Court

Decided September 2, 1851PublishedCited by 15 opinions

Appeal from a decree of the surrogate of the county of Cayuga, made on a final settlement of the accounts of executors. The facts are sufficiently stated in the opinion of the court.

1Opinion of the Court

By the Court, Welles, J.

The only question on this appeal is upon the allowance by the surrogate of the item of $1200, as having been paid by the executors to Sarah Kerr. The appellant, Margaret Dye, was one of the daughters of the testator John Kerr, and one of the residuary legatees under his will. The proof before the surrogate shows that the said Sarah Kerr presented to the executors a claim for thirty years’ services for the testator, which was settled by one of the executors giving her his note for $1200; upon which she gave a receipt for that amount, expressed to be “ For work, labor…

2Cases cited1 opinion

  1. Williams v. HutchinsonNew York Supreme Court · 1849

3Cited by15 opinions

  1. Friermuth v. FriermuthCalifornia Supreme Court · 1873
  2. Wilcox v. WilcoxNew York Supreme Court · 1867
  3. Barrett v. BarrettOregon Supreme Court · 1875
  4. Conger v. Van AernumNew York Supreme Court · 1865
  5. In re the Judicial Settlement of the Accounts of WatsonAppellate Division of the Supreme Court of the State of New York · 1906

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