Harrington v. . Keteltas
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt, in the first judicial department, entered upon an order made April 10, 1882, which affirmed, a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Oourt, in the first judicial department, entered upon an order made April 10, 1882, which affirmed, a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, as administrator, with the will.annexed, of Harriet E. Christy, deceased, against defendants, as executors of the will of William M. Keteltas, who was the executor of the will of said Harriet E. Christy, to recover the amount of a debt alleged to have been due and owing to her estate at the time of her death from one Smith, and to…
1Opinion of the CourtDanforth, J.
The complaint is upon the theory that a cause of action existed in favor of Mrs. Christy, against Smith, for about $20,000, received .by him for her use; that it was a valid and subsisting claim when she died, and that when William A. Keteltas (the defendant’s testator) undertook the office of executor of her will, he had notice of it. If these things were so it was his plain duty to reduce the debt to his possession, as part of the assets of the estate which he represented. But he took no steps to that end, and allowed time to run in favor of the debtor. He became, therefore, liable as for a…
2Cases cited2 opinions
- Shultz v. PulverNew York Court of Chancery · 1831
- Judd v. . O'Brien WaddleNew York Court of Appeals · 1860
3Cited by24 opinions
- O'Conner v. . GiffordNew York Court of Appeals · 1889
- In re Judicial Settlement of the Accounts of HosfordAppellate Division of the Supreme Court of the State of New York · 1898
- In re ReinbothCourt of Appeals for the Second Circuit · 1907
- Casey v. BakerDistrict Court, N.D. New York · 1914
- In re the Judicial Settlement of the Account of Bankers Trust Co.New York Surrogate's Court · 1927
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