In re the Judicial Settlement of the Accounts of Hiscox
This text of 175 A.D. 941 (In re the Judicial Settlement of the Accounts of Hiscox) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Decree of the Surrogate’s Court of Suffolk county affirmed, with costs. We think that under section 2687 of the Code of Civil Procedure the'burden was on the executors to show good and sufficient cause why they should not satisfy the legacy of the petitioner, and that they failed so to do; that there was before the surrogate proof of the bequest in the evidence offered by the executors; and that the only adjudication in the action of Bawolle v. Hiscox, binding upon the petitioner here, was that her legacy was subordinate to the claims of the creditors of the testator. Jenks, P. J., Stapleton, Mills, Rich and Putnam, JJ., concurred.
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