Ottman v. Allter

Headnote

Executors-and administrators — decedent’s estate — absolute'gift by will of store property, including book accounts, bills receivable and notes — executrix may not maintain action on behalf of estate to recover for goods alleged to have been sold at store and delivered at least three years after testator’s death.

Ottman v. Allter, 212 App. Div. 80 , affirmed.

Appeal from a judgment, entered March 17, 1925, ' upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint; also appeal from a judgment entered March 17, 1925, upon an order of the Appellate Division of the Supreme Court in the third judicial department which reversed an order of Special Term denying a motion to vacate the judgment in favor of plaintiff and directed a dismissal of the complaint. Plaintiff, as surviving executrix of the will of Jacob Allter, deceased, brought this action against defendant to recover for groceries and provisions alleged to have been sold and delivered to him by the estate of said deceased, and moneys loaned him by said estate between the years 1907 and 1923. Testator died in 1904 and by his will gave his entire store property, real and personal, including book accounts, bills receivable and notes, one-half to his brother and the other half to his daughter and son. The Appellate Division held that the executors of the will of Jacob Allter had no interest in the store property and business after the debts and obligations of Jacob Allter were paid. The profits from the grocery business did not belong to the estate nor were the debts of that business debts of the estate.