Wilder v. Keeler
New York Court of Chancery
The bill in this case was filed by the complainants in behalf of themselves and the other creditors of G-. F. Lush, deceased, against his heirs and personal representatives for an account and distribution of his personal effects, and for a sale of his real estate for the payment of his debts.
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The bill in this case was filed by the complainants in behalf of themselves and the other creditors of G-. F. Lush, deceased, against his heirs and personal representatives for an account and distribution of his personal effects, and for a sale of his real estate for the payment of his debts. The estate was insolvent to a large amount, principally on account of debts due from the partnership between himself and Edwin Jessup and Henry Vandenburgh, trading under the name of “ Edwin Jessup.” Debts to a considerable amount were due from the decedent individually, one of which was for money…
1Opinion of the Court
The Chancellor.
I have bestowed much time upon the examination of this case, with a view to settle the complicated equities between these creditors upon the general principles which govern this court, and consistent with the rules laid down in adjudged cases. Previous to the decision of Chancellor Kent, in Thompson v. Brown, (4 John. Ch. R. 619,) I supposed it was well settled that in this court legal assets must be distributed according to the common law, in a due course of administration, and that the court only refused to give a preference to one debt over another of the same class; that…
2Cited by45 opinions
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- Meech v. . AllenNew York Court of Appeals · 1858
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- Averill v. LoucksNew York Supreme Court · 1849
- Griffin v. MixonMississippi Supreme Court · 1860
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