In re Everit
New York Court of Chancery
A petition had been presented on behalf of the. administrator of Thomas Everit, junior, setting forth that the latter made contracts for the sale of lands at Brooklyn, received deposit monies, and died without leaving a will or performing these contracts. His widow and infant children survived him.
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A petition had been presented on behalf of the. administrator of Thomas Everit, junior, setting forth that the latter made contracts for the sale of lands at Brooklyn, received deposit monies, and died without leaving a will or performing these contracts. His widow and infant children survived him. Performance was prayed pursuant to the statute ; 2 R. S. 194, § 169. This petition was referred to a master; and he based his report and the calculation attached to it, by way of schedule, upon the idea that the purchase moneys would be due to the children as heirs and to their mother as dower…
1Opinion of the Court
The Vice-Chancellor
considered that the character of the consideration was changed, by the contracts for sale made by the deceased, and it became personalty and assets which the administrator ought to lake ; and that none of it could be paid into court for the infant heirs.
His honor also looked upon the final order as a decree and decided that the deeds, which the infants were to give by their guardian ad litem, could not be executed until the *598decretal order was enrolled, i. e. not till thirty days after it had been entered in the minutes of the court; 2 R. S. 181, § 91, (and amendment thereto…
2Cited by1 opinion
- Schroeppel v. HopperNew York Supreme Court · 1863