Wood v. . Brown
New York Court of Appeals
Appeal from the judgment of the General Term, modifying the judgment of the Supreme Court, rendered upon, the report of a referee. The plaintiff, as .executor and legatee under the will of Porter Wood, deceased, brought this suit against the defendant, his co-executor, to obtain an injunction and a decree revoking his appointment as one of the executors, .on the ground of his misconduct.
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Appeal from the judgment of the General Term, modifying the judgment of the Supreme Court, rendered upon, the report of a referee. The plaintiff, as .executor and legatee under the will of Porter Wood, deceased, brought this suit against the defendant, his co-executor, to obtain an injunction and a decree revoking his appointment as one of the executors, .on the ground of his misconduct. The referee to whom the cause was referred for decision finds, as a matter of fact, that the defendant has been guilty of wrong, misconduct and mismanagement in the execution of his trust as executor, in his…
1Opinion of the Court
Morgan, J., When the suit was commenced, the defendant had not entered upon his duties, as. trustee in respect to the residue of the estate, for at that time the executors had' not succeeded in collecting-in the estate; nor was. it', then known what the residue would be. Indeed, the executors had not then ascertained the debts, so that they could pay the legacies without, taking- security from the- legatees, for reimbursement, in case of a deficiency of assets to. pay debts and legacies. Their duties as executors, and as trustees for the residuum of the estate, were entirely different. As…
2Cases cited6 opinions
- Craig v. CraigNew York Court of Chancery · 1848
- Clark v. ClarkNew York Court of Chancery · 1840
- Rogers v. KingNew York Court of Chancery · 1840
- In re Van WyckNew York Court of Chancery · 1846
- Deborah Sheldon v. . BlissNew York Court of Appeals · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
- Southern Surety Co. v. TessumSupreme Court of Minnesota · 1929
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- Matthews v. HoaglandNew Jersey Court of Chancery · 1891
- Burt v. . BurtNew York Court of Appeals · 1869
36 more not listed; retrieve them via the Exa API.