Scher v. Adams

The following is the opinion of the Special Term:

Taylor, J.

The action was brought by a wife against her husband to recover sums of money alleged to be due under a separation agreement. The wife died during the pendency of the action, a resident of New Jersey, in which State her will was duly probated and letters testamentary duly issued to the executor thereof. This foreign executor has assigned said claim to- the applicant, by an instrument under seal reciting a valuable consideration. That such assignment vests the claim in the assignee is not doubtful. (McNulta v. Huntington, 62 App. Div.…