Carter v. Bloodgood's Executors
New York Court of Chancery
The bill was filed in May, 1844, by James Bloodgood Carter, an infant, by his father as his next friend, against Thomas Tom Bloodgood and Bindley Murray Moore, surviving executors of James Bloodgood, deceased, and Frederick J. Goodwin and Catharine T., his wife.
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The bill was filed in May, 1844, by James Bloodgood Carter, an infant, by his father as his next friend, against Thomas Tom Bloodgood and Bindley Murray Moore, surviving executors of James Bloodgood, deceased, and Frederick J. Goodwin and Catharine T., his wife. The bill stated that James Bloodgood, on the 10th of October, 1826, made his last will and testament with all the formalities required by law ; and thereby, after giving a legacy of $2500 to each of his five daughters on their attaining to-lawful age, and $5000 to his son Thomas T., on his attaining to lawful age, and $5000 more when…
1Opinion of the Court
The Assistant Vice-Chancellor.
The same question was presented in the former suit, that has been argued here, and the decree decides that question. It was however, a point of law, involving no contested fact, and this suit relates to other property. I am not prepared to say that the decree was an estoppel, or that it concludes the defendants from contesting the construction of the will, in another suit relating to a different share of the es*296tate. But as a decision of the law upon the identical point, by this court on a former occasion, I feel bound to follow it, unless on examining the case I…
2Cases cited1 opinion
- Pond v. BerghNew York Court of Chancery · 1843
3Cited by1 opinion
- Stout v. CookNew Jersey Court of Chancery · 1910