Doty v. Wilson
New York Supreme Court
This was an appeal from that portion of the decree of the surrogate of Ontario county, rendered on a final accounting of the respondent as executor of the estate of David Wilson, deceased, which refused to charge the respondent with the sum of $3,000 and interest, which the appellant claimed to be due from him for money borrowed from the testator. The facts are stated in the opinion
1Opinion of the CourtMullin, P. J.
The defendant is the executor of the last will of his father, David Wilson. In September, 1868, he applied to the surrogate of Ontario county for a final settlement of his account as such executor. The surrogate issued the necessary citations for the appearance of the next of kin, and they appeared in obedience to such citation. The appellant, a daughter of the testator, insisted before the surrogate that the executor should be charged with the sum of $3,000, ' which she claimed had been loaned to him by the testator in his lifetime. The executor claimed and insisted that the money was given…
2Cases cited3 opinions
- Jackson v. StackhouseNew York Supreme Court · 1823
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Beach v. EndressNew York Supreme Court · 1868
3Cited by8 opinions
- Larkin v. . HardenbrookNew York Court of Appeals · 1882
- Van Cleef v. MaxfieldNew York Supreme Court · 1918
- Grand Lodge of Illinois Independent Order of Mutual Aid v. PeifferAppellate Court of Illinois · 1906
- In re the Estate of SteinNew York Surrogate's Court · 1966
- Knit Goods Exchange, Inc. v. KresoffAppellate Terms of the Supreme Court of New York · 1918
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