Legal Opinion

Newcomb v. La Roe

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1914PublishedCited by 3 opinions

Appeal by the plaintiff, Warren Putnam Newcomb, as executor, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 11th day of July, 1913, upon the decision of the court after a trial at the New York Special Term.

1Opinion of the Court

Laughlin, J.:

This is an action brought by the executor of H. Victor New-comb, deceased, for the construction of the will of the latter with respect to the effect, on a claim for services made by the defendant against the estate, of a legacy to her and an annuity for her in the will and to have the amount of her claim for services adjudicated in the event that it shall be decided that the acceptance of the legacy and annuity does not constitute a payment of her claim for services.

The testator died November 2, 1911. On the 10th -day of June, 1912, the defendant presented to the executor a -duly…

2Cases cited10 opinions

  1. Conkling v. . WeatherwaxNew York Court of Appeals · 1905
  2. Reynolds v. . RobinsonNew York Court of Appeals · 1880
  3. Williams v. CraryNew York Supreme Court · 1830
  4. Farmers' and Citizens' Bank v. . ShermanNew York Court of Appeals · 1865
  5. In re the Judicial Settlement of the Account of ArntonAppellate Division of the Supreme Court of the State of New York · 1905

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3Cited by3 opinions

  1. In re the Estate of RevsonAppellate Division of the Supreme Court of the State of New York · 1982
  2. In re BlanchNew York Surrogate's Court · 1926
  3. Newcomb v. La RoeAppellate Division of the Supreme Court of the State of New York · 1915

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