Blood v. . Kane
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 26, 1889, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 26, 1889, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the court that until the defendant had a settlement of her accounts as executrix in Surrogate’s Court, and a decree of the surrogate has been made discharging her, she holds the personal estate, including the accounts, as executrix and not as owner, was error. (Fox v.…
1Opinion of the Court
Follett, Ch. J.
December 5, 1883, James Kane died, leaving a will, by which he devised and bequeathed his entire estate to his widow, the defendant, and appointed her sole executrix. On the seventeenth of that month the will was probated and letters testamentary issued to her. The defendant employed the plaintiff, an undertaker, to take charge of the funeral and burial of her testator, for which she agreed to pay him $85. In January, 1885, the plaintiff rendered other service for the defendant, of the value of $10, as found by the referee. Hovember 24, 1885, this action was begun to recover…
2Cited by122 opinions
- In re the Estate of RothkoNew York Court of Appeals · 1977
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Gensinger v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1953
- Murphy v. WilliamsTexas Supreme Court · 1910
- In Re the Judicial Settlement of the Accounts of MullonNew York Court of Appeals · 1895
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