Bennett v. Lyndon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louisa Bennett, as administratrix, etc., of William P. Bennett, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wayne on the 27th day of January, 1896, upon the report of a referee dismissing the plaintiff’s complaint, with costs.
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Appeal by the plaintiff, Louisa Bennett, as administratrix, etc., of William P. Bennett, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wayne on the 27th day of January, 1896, upon the report of a referee dismissing the plaintiff’s complaint, with costs. On the 26th of March, 1894, William P. Bennett entered into a written lease with the defendant, as executrix of Francis Lyndon, for certain premises situated in the town of Macedón, for the term of one year from the 1st of April, 1894, agreeing to pay a yearly rent…
1Opinion of the Court
Hardin, P. J.:
Plaintiff brings this action on the equity side of the court and seeks to set aside an arrangement made on the 6th day of July, 1894, by her with the defendant. Plaintiff’s letters of administration were not issued until the 25th day of July, 1894. The evidence given at the hearing indicates that a settlement and adjustment were made, without any fraud or deceit, as found by the referee; and the evidence satisfactorily supports the findings of fact made by the referee in respect to the adjustment made. (Carey v. Smith, 5 App. Div. 505.)
In Vroom v. Van Horne (10 Paige, 557) it…
2Cases cited1 opinion
- Carey v. SmithAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Klinzing v. Blauw Bros.New York Supreme Court · 1916
- In re the Estate of PollockColumbiana County Probate Court · 1915