Blood v. . Kane
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 26, 1889, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 26, 1889, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the court that until the defendant had a settlement of her accounts as executrix in Surrogate’s Court, and a decree of the surrogate has been made discharging her, she holds the personal estate, including the accounts, as executrix and not as owner, was error. (Fox v.…
1DissentBradley, J.
There was no controversy about the plaintiffs claim for furnishing casket and hearse for, and attending the burial of, the body of the defendant’s deceased husband, and for services in the burial of the body of her brother.
The questions for consideration arose upon exceptions taken to the exclusion of evidence offered in support of the matters alleged as counter-claim. The defendant’s husband left his will by which, after payment of his debts, he devised and bequeathed all his estate, real and personal, to her, and nominated her to be executrix. Tbe will was admitted to probate and letters…
2Cases cited8 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Tifft v. . PorterNew York Court of Appeals · 1853
- Giddings v. . SewardNew York Court of Appeals · 1857
- Barlow v. . MyersNew York Court of Appeals · 1876
3 more not listed; retrieve them via the Exa API.