Brady v. . McCosker
New York Court of Appeals
Appeal from the decree of the Chancellor affirming that of the Vice Chancellor of the First Circuit. The case was this: John McCosker, the elder, died on the 26th of March, 1839, seized of certain real estate in the city of New York, leaving his s'ons, John and Thomas,, his only children and heirs.
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Appeal from the decree of the Chancellor affirming that of the Vice Chancellor of the First Circuit. The case was this: John McCosker, the elder, died on the 26th of March, 1839, seized of certain real estate in the city of New York, leaving his s'ons, John and Thomas,, his only children and heirs. By his wi'll, (among other things) he directed his executors to take possession of his real and personal estate, and to receive the rents and profits of the real estate for the term of five years, and apply the same to the payment of his debts, also to pay to John an annuity of $200, during the…
1Opinion of the CourtGardiner, J.
It is the established doctrine of a Court of Equity, that it will not assume jurisdiction to set aside a will for fraud, or on the ground of the testator’s incompeteney, where there is a perfect remedy at law, .and where the objection to the jurisdiction is taken in proper season. (2 Paige 399; Br. P. C. 358; 7 Price 663; Jacob R. 466; 1 Mad. Ch. 85.)
As the jurisdiction of the Court of Chancery, according to the rule above mentioned, depends upon the inadequacy of the legal remedy, the bill must, state the impediment to'relief in a Court of law. (Pemberton vs. Pemberton, 13 Ves.; Jones vs.…
2Cases cited2 opinions
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Colton v. RossNew York Court of Chancery · 1831
3Cited by23 opinions
- In Re the Judicial Dissolution of Kemp & Beatley, Inc.New York Court of Appeals · 1984
- Kalish v. . KalishNew York Court of Appeals · 1901
- In Re Estate of BakerCalifornia Supreme Court · 1915
- Anderson v. . AndersonNew York Court of Appeals · 1889
- W. T. Huff. v. J. H. Huff, Admstr.Texas Supreme Court · 1939
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