Leroy v. Bayard

The Surrogate.

The executor of Herman Le Roy deceased, in a suit in the Supreme Court, obtained a decree directing the executors of William Bayard deceased, to pay to the former the sum of $46,842, out of the estate of William. Bayard. This decree was entered on the first day of April, 1854, and an application is now made to compel an inventory, account and payment. The application is resisted by the executors of Bayard, on the ground of lapse of time, that no assets were ever received, and "that the papers relating to the estate have been accidentally destroyed by fire. Of course if no assets…