Foster v. Easton
New York Supreme Court
Appeal from special term, Hew York county. Action by Mary A. Foster against James Easton and others, executors, to recover a certain sum of money alleged to have been received by their testator in trust for plaintiff. Judgment was entered for defendants, from which, and from an order denying a motion for a new trial on the ground of surprise, plaintiff appeals.
1Opinion of the CourtBartlett, J.
The findings upon which the judgment in this action is based are amply sustained by the evidence. The purpose of the suit was to ■compel the defendants, as executors of James B. Bell, deceased, to pay to the plaintiff a sum of money alleged to have been received by the defendants’ testator under an agreement on his part that he would safely invest the same as a trustee for the plaintiff, and pay it over to her upon demand. It appears that the plaintiff acted as nurse and housekeeper in the family of the testator, and that his wife had caused her life to be insured for the plaintiff’s benefit.…
2Cited by3 opinions
- In re the Construction of the Last Will & Testament of SchusterNew York Surrogate's Court · 1924
- Smith v. RentzNew York Supreme Court · 1893
- Brady v. ValentineCity of New York Municipal Court · 1893