59 N.Y.S. 612 | N.Y. Sup. Ct. | 1899
The plaintiff and Oliver M. Arkenburgh are executrix and executor of the will of Robert H. Arkenburgh, -deceased. The complaint alleges that on January 29, 1896, the defendant Little received the sum of $500 for six months’ interest on a bond and mortgage made to the plaintiff.and the defendant Oliver M. Arkenburgh, as executors of the; estate of the said Robert H. Arkenburgh, deceased, to its use., That thereafter plaintiff, caused to be-served upon the defendant Little a notice and a certified copy of an order, copies of which are attached to the complaint, but that said defendant has not complied with or otherwise. paid said sum, or any part thereof. The order referred to in the- complaint was made by the surrogate of Rockland county 'in the matter of the settlement of the accounts of the proceedings of the executor and executrix, and' requires the, executrix and executor to deposit all moneys belonging /to the estate which they,; or either of- them, had -at the date of the order (July 18, 1894), or might receive thereafter, in the Farmers’ Loan & Trust Company,
Ordered accordingly.