Muir v. Trustees of the Leake & Watts Orphan House
New York Court of Chancery
This case came before the chancellor upon demurrers to the complainants’ bill. The complainants claimed to be the only next of kin of the late John G; Leake of New-York, who died unmarried and without issue in June, 1827; and whose will was established by the court for the correction of errors; upon appeal, in December, 1829. (See 1' Paige’s Rep. 348; 4 Wend.
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This case came before the chancellor upon demurrers to the complainants’ bill. The complainants claimed to be the only next of kin of the late John G; Leake of New-York, who died unmarried and without issue in June, 1827; and whose will was established by the court for the correction of errors; upon appeal, in December, 1829. (See 1' Paige’s Rep. 348; 4 Wend. Rep. 168, S. C.) The bill in this cause was' filed in August, 1844, by Jennet Muir and twelve other persons, who alleged that they were the grandchildren of Helen Martin, a sister of J. G. Leake’s father. And The Trustees of the Leake…
1Opinion of the Court
The Chancellor.
The complainants are not in a situation to contest the validity of the will of John G. Leake, which was admitted to probate, so far as respects the due execution of such will. For under the provisions of the revised statutes no one can be liable to account to the next of Icin, as an executor of his own wrong. And if J. Watts and H. Le Roy received and disposed of the property of Léate, without having been duly appointed his executors, or duly authorized to act as such, they are liable to his personal representatives, whenever such shall have been appointed; but not to the…
2Cited by12 opinions
- Buchanan v. BuchananSupreme Court of New Jersey · 1909
- Sands v. St. JohnNew York Supreme Court · 1862
- Perkins v. RogersIndiana Supreme Court · 1871
- Cousens v. Advent ChurchSupreme Judicial Court of Maine · 1899
- Ferguson v. BarnesIndiana Supreme Court · 1877
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