106 N.Y.S. 369 | N.Y. App. Div. | 1907
This is an accounting' by an executor. The executor contends that, the decree is wrong in that it charges him with moneys received upon the sale of an oyster lot, i. e,, the franchise to plant and to cultivate oysters in a certain specified territory. He asserts that his testator during his lifetime gave this lot to him. The testator and this executor were father and son and had been for a time in partnership as oystermen, owning certain chattels and several oyster lots. The. executor testifies that this lot was given to him by word of mouth, and that thereafter he planted it for one year. He is corroborated by his son alone, who was secretary to the grandfather, and who testifies that soon after the firm was dissolved the grand
Hooker, Gaynor, Rich and Miller, JJ., concurred.
Decree of the Surrogate’s' Court of Richmond county modified in accordance with opinion of Jenks, J., and as modified affirmed, without Costs.