Agne v. Schwab
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry E. Schwab, from an interlocutory judgment of the Supreme Court in favor of tlie plaintiff, entered'in the office of the clerk of the county of Suffolk on the 21st. day of May, 1907, upon the decision of the court, rendered after a trial at the Suffolk Special Term, overruling the said defendant’s demurrer to the complaint.
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Appeal by the defendant, Henry E. Schwab, from an interlocutory judgment of the Supreme Court in favor of tlie plaintiff, entered'in the office of the clerk of the county of Suffolk on the 21st. day of May, 1907, upon the decision of the court, rendered after a trial at the Suffolk Special Term, overruling the said defendant’s demurrer to the complaint. The demurrer was by the defendant Schwab only, on the.grounds . that the .complaint did not state facts sufficient, that the plaintiff has not legal capacity to sue, that there is a defect of parties defendant in that the legatees and devisees…
1Opinion of the Court
Gaynor, J.:
This is a suit by the residuary devisee and legatee under a will to set aside a sale by the administratrix with the will annexed of the business assets and personal property of the,deceased as fraudulent . *747against the plaintiff and the creditors of the deceased and make the defendants, viz., the said administratrix and her fraudulent vendee, account for the property thus fraudulently diverted by them. An executor or administrator is trustee for the creditors, legatees and distributees of the deceased, and that a suit to annul a fraudulent disposition of the trust property, and to…
2Cases cited7 opinions
- Field v. SchieffelinNew York Court of Chancery · 1823
- Osborne v. MossNew York Supreme Court · 1810
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- Haddow v. . LundyNew York Court of Appeals · 1874
- Lichtenberg v. . HerdtfelderNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McQuaide v. . PerotNew York Court of Appeals · 1918
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of WeinbergNew York Surrogate's Court · 1937
- Noll v. SmithAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of RosenblattNew York Surrogate's Court · 1938
3 more not listed; retrieve them via the Exa API.