3 E.D. Smith 269
New York Court of Common Pleas
Decided October 15, 1854
New York Court of Common Pleas · decided 1854-10-15
Ur December, 1836, one Ann S. Fabian and the defendant executed a deed, which recited that the latter, as the executor of one Broughton, deceased, might have incurred some liability in the management and settlement of the testator’s estate, and that said Ann S. Fabian, having as legatee under the will received a moiety of the property devised, had agreed to indemnity the defendant from such liability and from all loss to be incurred on her account.
Decided 1854-10-15
¶1I fully concur in the opinion pronounced by the first judge at special term, and it appears to me so entirely conclusive in support of the demurrer *276herein, that nothing that I might say would add to its conclusiveness.
¶2The order at special terna should be affirmed, with costs.
¶3Daly, J., concurred.
¶4Order sustaining the demurrer affirmed.