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Reports of Cases (Volume 176)

Reports of Cases (Volume 176)


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1904. Not illustrated. Excerpt: ... K Y. Rop.] Statement of cnse. 1897. He found that the testator left no personal property; except about two hundred dollars, which had been expended in paying funeral expenses and some small debts of the estate; that the executor had sold the house and lot, in which the testator resided and which were referred to in the fourth clause of the will, and had applied the proceeds, in 1895, upon the principal and interest of the note and that, in September, 1899. he informed the original plaintiff that he was forbidden to make further payments upon the note and, therefore, should decline to pay the same, or any part of it. Thereupon, as it is further found, this original plaintiff instituted a proceeding before the surrogate of Albany county, in which, as a creditor of Ransom Gibbons' estate, he sought to compel the executor to account as such; that the executor, in Ins answer in that proceeding, denied that the petitioner was a creditor and set up the bar of the Statute of Limitations, whereupon the surrogate made a decree, adjudging as follows: "That more than six years and eighteen months having elapsed since the appointment of said Edward Gibbons, as executor, this proceeding to compel the executor to account is barred by the Statute of Limitations," and ordering "that the petition should be dismissed." Upon these facts the conclusions of law followed, upon which the judgment was entered in favor of the plaintiff. The further fact is to be noticed that Mrs. Peck, the daughter of the testator and who was joined as a defendant, did not appear in the action and that she was a non-resident of the state, upon whom service of the summons and complaint had been made without the state, pursuant to an order to that effect. Walk'r K. Ward for appellant. There is no law or pr...


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Product Details
  • ISBN-13: 9781151005588
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 242
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1151005584
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 440 gr


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