Osgood v. Franklin
New York Court of Chancery
[ * 2 ] THESE were original and cross suits. The original bill was filed in November, 1808, by Samuel Osgood, and Mary his wife, she being the sole surviving executrix of *the last will and testament of Walter Franklin, deceased, her former husband, against the executors of Samuel Franklin, deceased, the executors of John Franklin, deceased, the executors of Thomas Franklin, deceased, and the residuary legatees of the testator. [ * 3 ] Walter Franklin, being possessed of a…
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[ * 2 ] THESE were original and cross suits. The original bill was filed in November, 1808, by Samuel Osgood, and Mary his wife, she being the sole surviving executrix of *the last will and testament of Walter Franklin, deceased, her former husband, against the executors of Samuel Franklin, deceased, the executors of John Franklin, deceased, the executors of Thomas Franklin, deceased, and the residuary legatees of the testator. [ * 3 ] Walter Franklin, being possessed of a large real and personal estate, on the 21st of February, 1778, made his will, and, after some specific legacies, devised…
1Opinion of the Court
The cause stood over for consideration until this day, when the following opinion was delivered by the Court.
The Chancellor.
The controversy, between the parties
arises in the cause which was commenced in 1809, between Franklin and others against Osgood and others. Two preliminary objections were raised by the counsel for the defendants.
1. That letters testamentary on the will of Thomas Franklin were taken out in Pennsylvania, and are of no force here.
2. That the assignees of Abraham and John Franklin, who are insolvent, ought to have been plaintiffs, instead of being defendants, as their…
2Cited by48 opinions
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- Mandel v. LiebmanNew York Court of Appeals · 1951
- Taylor v. BenhamSupreme Court of the United States · 1847
- Doolittle v. LewisNew York Court of Chancery · 1823
- McAdams v. BaileyIndiana Supreme Court · 1907
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