New York Supreme Court May 15, 1874 (In re the Final Accounting of Cunningham)

Davis, J.:

The questions raised are chiefly of fact, and grow out of conflict- • ing evidence. It was not disputed that the executor received from the wife of the testator, some time before his death, a number of government bonds, which he converted into money. The controversy in respect to the bonds, was whether the executor paid the proceeds to his testator in the lifetime of the latter.