Wurts v. Jenkins
New York Supreme Court
Demurrer. The plaintiffs alledged that James Jenkins, late of Hew Paltz, in the county of Ulster, died in January, 1845, having previously made and published his last will and testament, wherein he appointed the plaintiffs and the defendant executors ; that the will was proved, and all the executors took upon themselves the burden of its execution; that an inventory was filed on the 12th of June, 1845; that the defendant was indebted to the testator, at the time of his…
Read the full summary
Demurrer. The plaintiffs alledged that James Jenkins, late of Hew Paltz, in the county of Ulster, died in January, 1845, having previously made and published his last will and testament, wherein he appointed the plaintiffs and the defendant executors ; that the will was proved, and all the executors took upon themselves the burden of its execution; that an inventory was filed on the 12th of June, 1845; that the defendant was indebted to the testator, at the time of his death, in the sum of §1345, upon an account for goods, &c. which bad not since been paid; that this debt was not included in…
1Opinion of the Court
By the Court,
Harris, J.
Two questions are presented by this demurrer; first, whether one executor may maintain an action against his co-executor; and second, whether the surrogate’s decree upon the final accounting is a bar to such an action. The first question has been determined against the defendant in Smith v. Lawrence, cited by his counsel upon the argument. (11 Paige, 206.) In that case, a surrogate had dismissed an application made by one executor against his co-executor for an account. Upon appeal the chancellor reversed the decision. “ A court of equity,” he says, “ from its peculiar…
2Cases cited2 opinions
- Smith v. LawrenceNew York Court of Chancery · 1844
- Decker & Tyson v. MllerNew York Court of Chancery · 1830
3Cited by9 opinions
- Joseph v. . HerzigNew York Court of Appeals · 1910
- Brick's EstateNew York Surrogate's Court · 1862
- McGregor v. . McGregorNew York Court of Appeals · 1866
- In re the Judicial Settlement of the Account of WatsonNew York Surrogate's Court · 1914
- McGregor v. . McGregorNew York Court of Appeals · 1866
4 more not listed; retrieve them via the Exa API.