Beers v. Shannon
New York Supreme Court
Appeal from a judgment in favor of tlie plaintiff, entered upon tbe trial of tliis action by tlie court without a jury. Tlie complaint is entitled “ John L. Beers, executor of tlie last will and testament of John Beers, deceased, against Robert L. Shannon and Mark Shannon,” and alleges that the testator, late of Cameron county, Pennsylvania, in March, 1873, duly made his last will, appointing plaintiff sole executor; that after his death, and in April, 1873, said will was…
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Appeal from a judgment in favor of tlie plaintiff, entered upon tbe trial of tliis action by tlie court without a jury. Tlie complaint is entitled “ John L. Beers, executor of tlie last will and testament of John Beers, deceased, against Robert L. Shannon and Mark Shannon,” and alleges that the testator, late of Cameron county, Pennsylvania, in March, 1873, duly made his last will, appointing plaintiff sole executor; that after his death, and in April, 1873, said will was duly proved in said county, and letters testamentary issued to plaintiff, which are still in force; that said deceased…
1Opinion of the Court
Merwin, J.:
The appellant claims the plaintiff cannot maintain this action, because he does not sue in his representative capacity. The point is based on the fact that the word “ as ” is not inserted in the title of the action before the word “ executor.”
In the cases cited to sustain this proposition (Merritt v. Seaman, 6 N. Y., 168; Sheldon v. Hoy, 11 How., 11; Worden v. Worthington, 2 Barb., 368), the complaints were considerably different from the present one. In the 6th New York, a cause of action on a note was set out without reference to plaintiff’s representative character, the promises…
2Cases cited6 opinions
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Brainard v. . JonesNew York Court of Appeals · 1858
- Belden v. . MeekerNew York Court of Appeals · 1872
- Lyon v. . ClarkNew York Court of Appeals · 1853
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