Paulding v. . Sharkey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1880, which, affirmed a decree of the surrogate of Kings county, on settlement of the accounts of James Sharkey and James R. Marvin, as executors of the will of John Paulding, deceased. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1880, which, affirmed a decree of the surrogate of Kings county, on settlement of the accounts of James Sharkey and James R. Marvin, as executors of the will of John Paulding, deceased. The material facts are stated in the opinion. Where an executor, by his negligence, suffers his co-executor to receive and waste the estate when he has the means of preventing it, by proper care, he is liable to the beneficiaries under the will for the estate thus wasted. (Adam v.…
1Opinion of the CourtDanforth, J.
John Paulding by his will appointed William Gardner, James E. Marvin and James Sharkey his executors. They were authorized and empowered to sell his real estate, either at public or private sale, for such price as they deemed best, and execute deeds or conveyances therefor. He died; the persons named as his executors qualified, and undertook the duties of their office. Eeal and personal estate came into their hands. The personal estate was of little value and no question in regard to it arises here. The real estate was sold to one Phillips; all the executors joined in the conveyance, but the…
2Cases cited1 opinion
- Monell v. MonellNew York Court of Chancery · 1821
3Cited by8 opinions
- Bruen v. . GilletNew York Court of Appeals · 1889
- In re Estate of ProvostAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Estate of SlensbyNew York Surrogate's Court · 1938
- In re the Estate of HagertyWashington Supreme Court · 1919
- Municipal Court v. WhaleySupreme Court of Rhode Island · 1903
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