WATKINS v. MADISON COUNTY TRUST & DEPOSIT CO.

No. 125.

24 F.2d 370 (1928)

WATKINS v. MADISON COUNTY TRUST & DEPOSIT CO.

Circuit Court of Appeals, Second Circuit.

February 6, 1928.


Attorney(s) appearing for the Case

Amariah F. Freeman, of Detroit, Mich., John A. Johnson, of Morrisville, N. Y., and Charles A. Hitchcock, of New York City, for plaintiff in error.

Charles R. Coville and Coville & Santry, all of Oneida, N. Y., for defendant in error.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge (after stating the facts as above).

When the defendant took over from Hervey E. Eaton's executrix the bonds and bank account which made up the only assets it got, it did so as administrator, and necessarily under claim of title. Immediately thereafter it began to collect the income and to dispose of it, and of part of the principal, in accordance with the will and codicil, and this it continued to do for over nine years before the writ issued...

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