Joyce v. McGuire

2 N.Y. City Ct. Rep. 422

Opinion

McAdam, Ch. J.

The rule is elementary that where the debtor pays the widow of an intestate the amount of a debt due the deceased, and she afterwards administers, the letters relate back and legalize the payment (2 Hill, 225; 8 Johns. 126; 1 Williams on Ex’rs, 240, 396-7; Farrell’s Est., 1 Tucker, 110; and see cases cited in appellant’s brief in 49 N. Y. 229).

Judgment for defendant, with costs.