Gilbert v. . Comstock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1881, which affirmed a decree of the surrogate of Livingston county, the nature of which, as well as the material facts, are stated in the opinion. The surrogate could not divide up the claim "contrary to the evidence.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1881, which affirmed a decree of the surrogate of Livingston county, the nature of which, as well as the material facts, are stated in the opinion. The surrogate could not divide up the claim "contrary to the evidence. It was indivisible as an entire demand, and carries with it the undivided period wherein the testatrix boarded with the plaintiff. (Purcell v. Fry, 19 Hun, 595; 60 N. Y. 106.) He had no right or power to interpose the statute'…
1Opinion of the CourtDanforth, J.
Annis B. Wright died on the 4th of February, 1879, leaving a will by which she appointed her sister, Sarah J. Gilbert, executrix. It was duly admitted to probate and on the 30th of June, 1879, the executrix presented to the surrogate of Livingston county, a petition stating, in substance, that from April 1, 1863, to her death, the deceased boarded with her, and was then indebted for care and board in about the sum of $2,286, over and above all payments. She asked that the debt might be proved before the surrogate and she be permitted to retain the amount thereof out of the assets in her…
2Cases cited4 opinions
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- Bloodgood v. . BruenNew York Court of Appeals · 1853
- Tracy v. SuydamNew York Supreme Court · 1859
- Williams v. PurdyNew York Court of Chancery · 1836
3Cited by12 opinions
- Matter of Application of GardnerNew York Court of Appeals · 1886
- Hay v. PetersonWyoming Supreme Court · 1896
- In re the Accounting of Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Girson v. Girson, Admx.Montana Supreme Court · 1941
- In re the Estate of ChafeeNew York Surrogate's Court · 1924
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