Merritt v. Merritt
Appellate Division of the Supreme Court of the State of New York
'Appeal by the defendant, John Merritt, as executor of the last will and testament of Hannah B. Merritt, deceased, and as administrator with the will annexed of John J. Merritt, deceased, from a judgment of the Supreme Court in favor of the plaintiff and the defendants Mary Ann Weeks and others, entered in the office of the clerk of the county of Kings on the 19tli day of March, 1897, upon the report of a referee.
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'Appeal by the defendant, John Merritt, as executor of the last will and testament of Hannah B. Merritt, deceased, and as administrator with the will annexed of John J. Merritt, deceased, from a judgment of the Supreme Court in favor of the plaintiff and the defendants Mary Ann Weeks and others, entered in the office of the clerk of the county of Kings on the 19tli day of March, 1897, upon the report of a referee. The action was begun June 4, 1879, and issues were joined in that year. An original defendant, Hannah B. Merritt, who was a party both individually and as executrix of the last will…
1Opinion of the Court
Hatch, J.:
This action is brought by the plaintiff, as administrator with the will annexed of the estate of Joshua Weeks, deceased, to recover moneys of the estate claimed to be in the hands of John Merritt, who is the executor and trustee under the last will and testament of Hannah B. Merritt, and also administrator with the will annexed of John J. Merritt, deceased. The testator, Joshua Weeks, died in 1857,. and by the terms of his will he constituted John J. Merritt and Mary H. Brown executors and trustees thereof. The latter having died prior to the death of the testator, John J. Merritt…
2Cases cited4 opinions
- Morse v. . MorseNew York Court of Appeals · 1881
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Delafield v. . BarlowNew York Court of Appeals · 1887
- Merritt v. MerrittAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by9 opinions
- In re the Judicial Settlement of the Accounts of the Binghamton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Brundige v. BradleyNew York Court of Appeals · 1945
- In re the Estate of RohrNew York Surrogate's Court · 1932
- Jandorf v. SmithAppellate Division of the Supreme Court of the State of New York · 1926
- In re the Estate of PostNew York Surrogate's Court · 1900
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