Doty v. . Willson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, reversing decree of surrogate upon the final accounting of appellant as executor of the estate of his father, David Willson, deceased. David Willson died on the 16th of December, 1866, leaving a last will executed on the 12th of December, 1866. Azaliah Willson, appellant, was made one of the executors of said will by the testator, and has acted as the sole executor.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, reversing decree of surrogate upon the final accounting of appellant as executor of the estate of his father, David Willson, deceased. David Willson died on the 16th of December, 1866, leaving a last will executed on the 12th of December, 1866. Azaliah Willson, appellant, was made one of the executors of said will by the testator, and has acted as the sole executor. A petition was made by said executor on the 14th of September, 1868, for final accounting before the surrogate, and an order made…
1Opinion of the Court
Church, Ch. J.
The learned judge who delivered the opinion of the court below is undoubtedly correct in the rule of law that if the defendant, at the time the money was delivered, then became the debtor of the testator, and that it was so intended by both parties, a mere parol declaration afterward would not transform the debt into a gift; but 1 do not think that this rule should be applied to this case, so as to definitely determine the rights of the parties. It is not claimed that a debt can be thus changed into a gift. A release or surrender of the evidence of the debt, or some act, as the…
Also in this document: Concurrence.
2Cited by40 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
- Dykeman v. JenkinesIndiana Supreme Court · 1913
- Baum v. PalmerIndiana Supreme Court · 1905
- In Re the Estate of AbramowitzAppellate Division of the Supreme Court of the State of New York · 1972
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