New York Court of Appeals
Charles Blood, Respondent v. Sarah S. Kane, Appellant
January 26, 1892130 N.Y. 514
Summary
The Court affirmed the judgment for the plaintiff, holding that the executrix, who was also the sole devisee, could not assert a counter‑claim because she had not shown that all of the decedent’s debts were paid and thus had not merged title to the estate; the evidence of the counter‑claim was properly excluded. Justice Bradley, dissenting, argued that the exclusion was correct and the judgment should be affirmed.