Carow v. Mowatt
New York Court of Chancery
In the month of January, one thousand eight hundred twenty eight, Elias Mowatt died intestate and indebted to the complainant’s testator in the sum of fifteen hundred dollars, which had been secured by a bond bearing date the first day of May one thousand eight hundred and twenty-three.
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In the month of January, one thousand eight hundred twenty eight, Elias Mowatt died intestate and indebted to the complainant’s testator in the sum of fifteen hundred dollars, which had been secured by a bond bearing date the first day of May one thousand eight hundred and twenty-three. John E. Mowatt administered upon the estate of Elias Mowatt, under letters of adminstration granted to him by the Surrogate of the city and county of New York on the seventeenth day of January, one thousand eight hundred and twenty-eight. At the time of taking out such letters, he gave the bond required by…
1Opinion of the Court
The Vice-Chancellor:
This case divides itself into1 two distinct branches: the one as to whether Martha Mowatt is still to be regarded as administratrix of her late husband and accountable for the property which came to his hands as the administrator of Elias Mowatt; and the other, as to the sureties and their liability in a court of equity.
1. By statute, although not at common law, the executors and administrators of an executor or administrator are liable for a devastavit or misapplication of assets by the first executor or administrator. The latter becomes personally responsible for any…
2Cited by10 opinions
- Theisen v. HoeyCourt of Chancery of Delaware · 1947
- Dorsheimer v. RorbackNew Jersey Court of Chancery · 1872
- Moren v. McCownSupreme Court of Arkansas · 1861
- Blumenthal v. TannenholzNew Jersey Court of Chancery · 1879
- Annett v. KerrThe Superior Court of New York City · 1864
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