Fletcher v. Hurd
New York Supreme Court
Appeal from special term, Schuyler county. Action by Elizabeth Fletcher, as administratrix, etc., of Charles H. Fletcher, deceased, against Oliver P. Hurd, individually and as executor and trustee of James H. Dailey, deceased, to compel the defendant to account and to pay to the plaintiff one-half of the amount covered by the residuary bequest in the will of James H. Dailey.
Read the full summary
Appeal from special term, Schuyler county. Action by Elizabeth Fletcher, as administratrix, etc., of Charles H. Fletcher, deceased, against Oliver P. Hurd, individually and as executor and trustee of James H. Dailey, deceased, to compel the defendant to account and to pay to the plaintiff one-half of the amount covered by the residuary bequest in the will of James H. Dailey. On the 3d day of March, 1878, James H. Dailey, then being a resident of the town of Hector, in the county of Schuyler, died, leaving a last will and testament, which was duly admitted to probate on the 25th May, 1878, and…
1Opinion of the CourtMerwin, J.
The plaintiff in her complaint alleged, and at the close of the trial requested the court to And, in substance, that just before the probate of the will it was agreed between Fletcher and the defendant that Fletcher should not qualify, but that defendant should perform all the duties of executor and trustee, and Fletcher should have one-half the residue, just the same as if he qualified and acted, and that by reason of this agreement Fletcher failed to qualify. This the court refused to find. The appellant claims that in this refusal the court erred; Upon this subject, the main evidence on…
2Cases cited1 opinion
- Scofield v. St. JohnNew York Supreme Court · 1882