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Rodenhurst v. Cooper

155 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1915-10-20 English

Contents

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p. 1137
RODENHURST, Respondent, v. COOPER, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 20, 1915.)

Headnote

Action by Dewitt C. Rod'enhurst, as executor, etc., against Jerome B. Cooper, as executor, etc.

Judgment modified, by striking out the provision for specific performance, and in lieu thereof adjudging that the plaintiff, as executor of the will of said Lavina Cooper, has a valid claim against the estate of Victor Cooper for the- expenses incurred -for the care and support of the said Lavina Cooper, including medical attendance, from January 1, 1914, and her funeral expenses, and for a monument erected over her grave, as provided in the will of said Victor Cooper, the amount of such claim to be determined, adjusted, and paid in the usual ' course of administration of the estate of said Victor Cooper, and; as so modified, the judgment is affirmed, together with the order, without costs of this appeal to either party.