O'Conner v. . Gifford
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 11, 1888, which reversed, so far as appealed from, the decree of the surrogate of the accounts of William P. O’Conner, as executor of the will of John McEvoy, deceased. The proceedings were instituted by Silas D. Gifford, assignee, etc., as the owner of a judgment against the decedent.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 11, 1888, which reversed, so far as appealed from, the decree of the surrogate of the accounts of William P. O’Conner, as executor of the will of John McEvoy, deceased. The proceedings were instituted by Silas D. Gifford, assignee, etc., as the owner of a judgment against the decedent. The-portions of the decree appealed from charged the executor with $2,470, the amount of principal and interest on two bonds of Jersey City bonds, and refused him credit for $250-paid out in compliance…
1Opinion of the CourtPeckham, J.
We think the General Term arrived at the correct conclusion in this case. Upon the undisputed facts the defendant executor was not guilty of any actionable-neglect in not bringing suit to recover the bonds or their proceeds from Miss Murphy, the residuary devisee and legatee. For months after the completion of the advertisement for creditors the defendant was ignorant of the existence of the claim of plaintiff, and the defendant had in his possession enough funds of the estate to pay all of its known debts without seeking to recover the possession of these bonds from Miss Murphy. After the…
2Cases cited4 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Holland v. . AlcockNew York Court of Appeals · 1888
- Harrington v. . KeteltasNew York Court of Appeals · 1883
3Cited by36 opinions
- Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
- In re Judicial Settlement of the Accounts of HosfordAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of AuditoreNew York Surrogate's Court · 1930
- In re ReinbothCourt of Appeals for the Second Circuit · 1907
- In re Johnston's EstateNew York Supreme Court · 1891
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