Dodd v. Anderson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William J. Anderson, as administrator, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings pn the 30th day of September, 1908, Upon the decision of -the court, rendered after a trial at the Kings County Special Term, overruling the -defendant’s demurrer to the complaint. '
1Opinion of the Court
Miller, J.:
The question involved in this case is whether a person named as executor in a paper purporting to be, and properly -executed as, a will,"may recover from the estate of the person who-executed it the necessary and reasonable expenses incurred by him' in an unsuccessful effort, made in good faith, to prove the paper as a will where probate is denied ■ on the ground' that it was the result of insane delusions. " '
The appellant’s position is based on the assertion that one thus named "as executor is Under no legal duty to propound the will for ■ probate or to resist opposition to…
2Cases cited11 opinions
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Mutual Life Ins. Co. v. . HuntNew York Court of Appeals · 1880
- Brown v. EgglestonSupreme Court of Connecticut · 1885
- Moyer v. SwygartIllinois Supreme Court · 1888
- Kelly v. DavisMississippi Supreme Court · 1859
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3Cited by2 opinions
- In Re the Probate of the Will of ReimersNew York Court of Appeals · 1933
- Dodd v. AndersonAppellate Division of the Supreme Court of the State of New York · 1909