Lawrence v. Church
New York Supreme Court
Appeal from the special term, Allegany county. Action by Roxanna H. Lawrence, individually and as executrix, and George Sherman, as the executor of the will of Judson W. Sherman, deceased, against Walter S. Church. A demurrer to the complaint was overruled, and from the order and interlocutory judgment defendant appeals. For former report, see 10 N. Y. Supp. 566.
1Opinion of the CourtCorlett, J.
Judson W. Sherman died at Angelica, in the county of Allegany, on the 12th day of November, 1881, leaving a last will and testament, *421toy which he appointed the plaintiffs executrix and executor. The will was duly admitted to probate. The defendant, Walter S. Church, became indebted to the deceased in his life-time on promissory notes in a large amount, and at the time of the death of the testator there was unpaid upon the notes more than $11,000. The executrix and executor of the will brought an action against Church to recover the amount so remaining unpaid. While the action was pending, the…
2Cases cited6 opinions
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Morehouse v. . Second Nat'l B'k of OswegoNew York Court of Appeals · 1885
- Davis v. . SpencerNew York Court of Appeals · 1862
- Deen v. . MilneNew York Court of Appeals · 1889
- McCreery v. DayNew York Supreme Court · 1889
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