Legal Opinion

Arkenburgh v. Wiggins

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1897PublishedCited by 6 opinions

Appeal by the plaintiff, Oliver M. Arkenburgh, individually and as executor, etc., of Robert H. Arkenburgh, deceased, from a judgment of the Supreme Court in favor of the defendants, James Wiggins and others, entered in the office of the clerk of the county of New York on the 22d day of August, 1896, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendants’ demurrers to the complaint, and also from' an order entered in said…

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Appeal by the plaintiff, Oliver M. Arkenburgh, individually and as executor, etc., of Robert H. Arkenburgh, deceased, from a judgment of the Supreme Court in favor of the defendants, James Wiggins and others, entered in the office of the clerk of the county of New York on the 22d day of August, 1896, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendants’ demurrers to the complaint, and also from' an order entered in said clerk’s office on'the 21st day of August, 1896, granting to the defendants an additional allowance of costs. This…

1Opinion of the Court

Goodrich, P. J.:

The plaintiff, individually and as executor of the last will and testament of Robert H. Arkenburgh, brings this action against his co-executrix, Eliza J. Arkenburgh, the widow, and against the children of the decedent, for an accounting, distribution and settlement of the estate since January 4, 1894, at which date an accounting was had before the surrogate of Rockland county, and also to compel the payment of the plaintiff’s indebtedness to counsel for legal services rendered to and disbursements incurred by him as executor, and for the assignment out of Robert H.…

2Cited by6 opinions

  1. People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
  2. Wallace v. JonesAppellate Division of the Supreme Court of the State of New York · 1902
  3. Groh v. FlammerAppellate Division of the Supreme Court of the State of New York · 1903
  4. Chatterton v. ChattertonAppellate Division of the Supreme Court of the State of New York · 1898
  5. Metropolitan Trust Co. v. StalloAppellate Division of the Supreme Court of the State of New York · 1915

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