Legal Opinion

In re Weatherby's Will

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

Decided December 16, 1896PublishedCited by 1 opinion

Appeal from surrogate’s court, Steuben county. Judicial accounting by James Baldwin and Lucius N. Manley, as executors of the will of Sarah Weatherby, deceased. From parts of the decree, said Baldwin appeals. Affirmed.

1Opinion of the CourtHardin, P. J.

Appellant carried on a banking business at Addison for several years prior to the death of Mrs. Weatherby, who was his sister; and associated with him in the business as partners were Henry Baldwin, his brother, and his sister, Sarah Weatherby, the testatrix. “They did not put in any capital, and nothing was said about profits. They simply loaned their names for credit.” *644The assets of the bank all belonged to the appellant. Mrs. Weather-by’s name was connected with the bank in April, 1880. The appellant carried on a general banking business, receiving and paying out moneys, having personal…

2Cases cited5 opinions

  1. Crow v. . GleasonNew York Court of Appeals · 1894
  2. Poucher v. . ScottNew York Court of Appeals · 1885
  3. Grafing v. HeilmannAppellate Division of the Supreme Court of the State of New York · 1896
  4. Sayles v. OlmsteadNew York Supreme Court · 1873
  5. Steven v. LordNew York Supreme Court · 1895

3Cited by1 opinion

  1. Gaylord v. GibsonAppellate Division of the Supreme Court of the State of New York · 1899

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