Carroll v. Carroll
New York Supreme Court
In Equity. The hill was filed in December, 1846, in the Court of Chancery, by the complainant, one of the heirs. legatees, and next of kin, of Charles Carroll, deceased, against the executor, Charles H. Carroll, to obtain a full account of the testator’s personal estate, the disposition thereof by the executor, the moneys received by him from the real estate, and what dispositions he had made of them; and a general account of the defendant’s transactions as executor • and…
Read the full summary
In Equity. The hill was filed in December, 1846, in the Court of Chancery, by the complainant, one of the heirs. legatees, and next of kin, of Charles Carroll, deceased, against the executor, Charles H. Carroll, to obtain a full account of the testator’s personal estate, the disposition thereof by the executor, the moneys received by him from the real estate, and what dispositions he had made of them; and a general account of the defendant’s transactions as executor • and that the moneys due from him to the estate might be distributed among the parties entitled thereto. The bill set out the…
1Opinion of the Court
Fdmonds, J.:
Where the defense clearly appears from the face of the bill, the statute of limitations may be sfet up on demurrer, but where any thing is averred in the bill which would take the case out of the statute, the defense can be available only by plea or answer; and for this simple reason, that as a demurrer to the whole bill admits all the facts stated in it, it necessarily admits, as well, those which take the case out of the statute as those which bring it within it.
Such is this case, for if on the one hand the bill admits that letters testamentary were issued to the defendant, in…
2Cases cited1 opinion
- Carroll v. CarrollNew York Supreme Court · 1851