Hannah Roosa Hammond Estate Liability of Executor

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Hannah Roosa Hammond Estate Liability of Executor - . - n. Liability or Ej bctjto. Upon an ao-,...
. - n. Liability or Ej bctjto. Upon an ao-, counting by Jam T. (Mitchell and John P. Roosa, before tt a Surrogate of Sullivan County, as executoi of Hannah Hammond, who died In Month ellp. X. Y- In' August, 1805, It appeared h it several years prior to her -death Roosa re salved from her' certain securities worth :a out $30. 000, Including United States bom s, as her agent: that subsequently he del vered them to her. and that thereafter the y' again came mto 'his possess too, where t hey remained until her death: and that he personally paid several assessments against them. It also appeared that at the time of the death of the testatrix the executor tu I in his possession certain other secaritlei mainly railroad bonds, belonging to her.'i hlch she had deposited wtth him. with In i tractions to sell them when he should set some securities of his own. After her death and before letters testamentary had beefi Issued to him. Roosa sold the securities and applied the proceeds to hla own use. TJhe Third Appellate Division, on Roosa's I appeal .from' decree of the Surrogate, has lllrected Its modification, holding, by Presiding Justice Parker, that Roosa's liability aa) agent ceased when he delivered the securities first referred to to the testatrix, and that the burden waa upon the contestants to snow that his subsequent possession ot them was acquired under such circumstances aa created aa Indebtedness to her for them. Ths Court had refused to permit the executor td) testify under what arrangement -or drckmstances. be regained possession of themJ As to the other stock, the Court held that the executor's agency to sell them was revoked by the death of the testatrix, and that I their sale amounted to a conversion of them by .Roosa, the measure of damages forjwhlch should not exceed the highest marketl value of the stock subsequent to the saieJ

Clipped from
  1. The New York Times,
  2. 30 Mar 1899, Thu,
  3. Page 14

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  • Hannah Roosa Hammond Estate Liability of Executor

    bglover_97 – 28 Mar 2013

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