Burt v. . Burt
New York Court of Appeals
Appeal by the defendant from the judgment of the General Term of the Supreme Court, in the fifth district, affirming a decree in- favor of the plaintiff against the defendant, made upon the report of a referee. The parties are brothers, and were both appointed executors in their father’s will.
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Appeal by the defendant from the judgment of the General Term of the Supreme Court, in the fifth district, affirming a decree in- favor of the plaintiff against the defendant, made upon the report of a referee. The parties are brothers, and were both appointed executors in their father’s will. The complaint alleged that the defendant had exclusive possession of the securities and papers of the estate, and refused the plaintiff access to them; and refused to deliver to the plaintiff even one half of those securities; and excluded him from all participation in closing up the estate. It asks…
1Opinion of the CourtWoodruff, J.
This action and the proofs taken therein, show that an unhappy controversy exists between two brothers, made joint executors of the will of their deceased father. At the same time, the matters of com plaint seem to me quite too trivial to warrant any appeal to a court of equity. So far as appears, both are men of good character, of competent business capacity, and of ample responsibility, to answer for their due administration of the estate committed to them, and both received from the testator that mark of high confidence evidenced by the trust reposed in them by the will; a confidence that…
2Cases cited1 opinion
- Wood v. . BrownNew York Court of Appeals · 1866
3Cited by18 opinions
- Bolman v. OverallSupreme Court of Alabama · 1886
- Matthews v. HoaglandNew Jersey Court of Chancery · 1891
- In re Adler's EstateNew York Supreme Court · 1891
- Smith v. HeywardSupreme Court of South Carolina · 1920
- Price v. BrownNew York Supreme Court · 1881
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