Legal Opinion

In re Livingston

New York Supreme Court

Decided December 15, 1845PublishedCited by 6 opinions

On appeal from the court of chanceiy. Kortright, the surviving committee of the person and estate of his mother Mrs. Livingston, a lunatic, applied to the court below on petition for certain directions relating to the management of the estate, and for an allowance by way of salary for his services.

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On appeal from the court of chanceiy. Kortright, the surviving committee of the person and estate of his mother Mrs. Livingston, a lunatic, applied to the court below on petition for certain directions relating to the management of the estate, and for an allowance by way of salary for his services. It was shown that the whole amount of the estate in his hands was about $500,000, and the annual income about $18,000, and that the management of the estate required him to keep an office and employ a clerk, and engrossed the greater part of his time. The highest amount to which he would be…

1Opinion of the Court

Senators Lott and Porter

delivered written opinions in favor of affirming the order of the chancellor. In addition to the authorities referred to in the opinion of the chancellor, they cited and commented upon the following: Bointhon v. Hockmore, (1 Vern. 316;) Scattergood v. Harrison, (Moseley's R. 128;) Robinson v. Pett, (3 P. Wms. 249;) In Re Ormsby, (1 Ball & Bea. 189;) Brocksopp v. Barnes, (5 Madd. 90.)

Senators Folsom and Putnam delivered written opinions in favor of reversing the order appealed from. .

On the question being put, “ Shall this, decree be reversed 1” the members of the court…

2Cited by6 opinions

  1. Willcox v. SmithNew York Supreme Court · 1858
  2. In re ColahNew York Court of Common Pleas · 1871
  3. Aufricht v. NorthrupSupreme Court of Iowa · 1865
  4. In re Smith's EstateNew York Surrogate's Court · 1890
  5. In re the Judicial Settlement of the Account of CochraneNew York Surrogate's Court · 1890

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