Hollister v. Burritt
New York Supreme Court
Appeal from an order made in the Surrogate’s Court of Tompkins county upon the final accounting of the plaintiff. The executrix cannot be made liable to pay this judgment under such a state of facts. (Thompson v. Brown, 1 John., 629; Raynor v. Rearsoll, 3 John. Ch., 584; Lansing v. Lansing, 45 Barb., 192; Pierson v. Thompson, 1 Edwards Ch., 223; Tiffany & Bullard’s Law of Trusts, etc., 595; Higgins v. Whiton, 20 Barb., 142.)
1Opinion of the Court
Osborn, J.:
The testator, Levi Coon, in his lifetime and on the 12th day of October, 1855, recovered a judgment against one John Conover, for the sum of about $1,129. At that time Conover owned a farm of laud worth about $4,000, but which was incumbered by three prior judgments, held by the Tompkins County Bank, amounting to over $4,000, and more than the value of the farm. These bank judgments were docketed against Conover in Febru■ary, 1855. This continued to be the situation óf affairs till ■January, 1860, when Coon died, and the appellant became his *292executrix, and continued to act as such…
2Cases cited3 opinions
- Shultz v. PulverNew York Court of Chancery · 1831
- McRae v. McRaeNew York Surrogate's Court · 1855
- Ruggles & Hooker v. ShermanNew York Supreme Court · 1817