Faversham v. Faversham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Faversham, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16 th day of February, 1914, substituting Clark H. Abbott, as executor, etc., of Marian M. Faversham, deceased, as plaintiff herein, in place of said Marian M. Faversham, and granting him permission to continue the action in his name as executor.
1Opinion of the Court
Scott, J.:
The action is one for a divorce. Judgment was entered therein on March 24, 1902, awarding a divorce to plaintiff, and requiring defendant to pay alimony at the rate of $3,200 per annum.
Plaintiff died on April 6, 1911, at which time some amount of alimony remained unpaid. Respondent, having been appointed and qualified as her executor, now seeks to be substituted as plaintiff in place and stead of the deceased plaintiff, his avowed purpose being to enter a judgment for said unpaid alimony, under the authority of Thayer v. Thayer (145 App. Div. 268). The authority for substituting a…
2Cases cited16 opinions
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Wilson v. . HinmanNew York Court of Appeals · 1905
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- In Re the Administration of the Estate of CrandallNew York Court of Appeals · 1909
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3Cited by7 opinions
- Van Ness v. . RansomNew York Court of Appeals · 1915
- Foy v. Estate of SmithNevada Supreme Court · 1938
- Balanoff v. NiosiAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Estate of SchnirmanNew York Surrogate's Court · 1938
- Glasser v. RogersDistrict Court, S.D. New York · 1943
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