Sutherland v. Brush, Crosby & Palmer
New York Court of Chancery
ISRAEL TOTTEN, by his will, dated March 9,1811, after certain bequests, devised the residue of his estate to the plaintiffs, (who are infants, suing by their next friend,) and appointed the defendants, Palmer and Crosby, his ex- ' , ecutors.
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ISRAEL TOTTEN, by his will, dated March 9,1811, after certain bequests, devised the residue of his estate to the plaintiffs, (who are infants, suing by their next friend,) and appointed the defendants, Palmer and Crosby, his ex- ' , ecutors. After the death of the testator, the executors proved the will, on the 8th of April, 1816, and filed an inventory of the personal estate, amounting to 15,161 dollars and 13 cents, most of which consisted of bonds, notes, and other choses in action. In the inventory, were mentioned, anote of Z. Newcomb, for 1192 dollars and 22 cents, including interest; a…
1Opinion of the Court
The Chancellor.
This is a bill to call two of the defendants to account, as executors of Totten ; and they are charged with a waste of the assets, and that the defendant B. has received part of the assets from C., one of the executors, under circumstances that authorize the plaintiffs, as legatees, to call upon him to refund. It is attempted, also, to make the executor, P., who is solvent, responsible for the devastavit of the executor, C., who is insolvent.
1. The defendant, Brush, states, in his answer, that he did receive from the defendant, Crosby, a bond and mortgage from Zaccheus Newcomb…
2Cases cited1 opinion
- Monell v. MonellNew York Court of Chancery · 1821
3Cited by22 opinions
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- Croft v. . WilliamsNew York Court of Appeals · 1882
- Wilmerding v. . McKessonNew York Court of Appeals · 1886
- Stewart v. ConnerSupreme Court of Alabama · 1846
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