New York Court of Appeals

Ralph Moss

February 28, 1899158 N.Y. 240

Summary

The Court of Appeals reversed the lower court's demurrer, holding that the plaintiff's suit as both individual and executor does not constitute misjoinder, that the bond and mortgage agreement with the life legatee is enforceable, that an unauthorized contract not contrary to public policy is not void, and that the life legatee must return the estate funds and the executor's advance does not constitute larceny.