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2 N.Y. City Ct. Rep. 422

Joyce v. McGuire

City of New York Municipal Court

Decided June 15, 1887

City of New York Municipal Court · decided 1887-06-15

<p>Where a debtor pays the widow of an intestate a debt due the deceased, and she afterwards administers, the letters relate back and legalize the payment.</p>

Relies on Sherman v. . Wright · Rattoon v. Overacker

Decided 1887-06-15

McAdam, Ch. J.

¶1The rule is elementary that where the debtor pays the widow of an intestate the amount of a debt due the deceased, and she afterwards administers, the letters relate back and legalize the payment (2 Hill, 225; 8 Johns. 126; 1 Williams on Ex’rs, 240, 396-7; Farrell’s Est., 1 Tucker, 110; and see cases cited in appellant’s brief in 49 N. Y. 229).

¶2Judgment for defendant, with costs.

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