In re Bogart
New York Supreme Court
Appeal from a decree of tlie surrogate of Queens county, settling the account of Daniel Bogart, as executor, etc., of Daniel Hegeman, deceased, and permitting him to resign. The testator died on May 24, 1867. By his will he gave and bequeathed to his wife, during her life, the use of all his property, both real and personal.
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Appeal from a decree of tlie surrogate of Queens county, settling the account of Daniel Bogart, as executor, etc., of Daniel Hegeman, deceased, and permitting him to resign. The testator died on May 24, 1867. By his will he gave and bequeathed to his wife, during her life, the use of all his property, both real and personal. At her death, he gave and bequeathed certain legacies to his daughter; and the will further provided, “At the death of my wife, Henrietta Hegeman, I give and bequeath to my son, Robert H. Hegeman, his heirs or assigns, the sum of $2,000.” The testator, at the time of his…
1Opinion of the Court
Gilbert, J".:
I think that the surrogate correctly decided that the executor was entitled to be allowed the notes of Robert Hegeman, on turning over the assets in his hands to his successor. The statute of limitations was not pleaded before the surrogate by the maker of the notes, and it could not be by anyone else. It is a personal defense. Nor eren if that objection was properly before the sur*468rogate, was it brought up by this appeal, for the maker of the notes has not appealed.
"With respect to the negligence imputed to the executor in omitting to collect those notes, we think the widow is…
2Cases cited6 opinions
- Smith v. KearneyNew York Court of Chancery · 1848
- Ackerman v. . GortonNew York Court of Appeals · 1876
- Williams v. ConradNew York Supreme Court · 1859
- Stagg v. BeekmanNew York Court of Chancery · 1833
- Arnoux v. SteinbrennerNew York Court of Chancery · 1828
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