Legal Opinion

Leitch v. Cumpston

New York Court of Chancery

Decided July 15, 1834PublishedCited by 6 opinions

The bill in this case was filed by G. F. Leitch, the sole next of kin of G. Leitch, deceased, for an account of the administration of the estate of the decedent. After a replication had been filed to the answer of the defendant, stipulations were entered into by the parties, as to the admission of certain facts upon the hearing, and on the reference.

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The bill in this case was filed by G. F. Leitch, the sole next of kin of G. Leitch, deceased, for an account of the administration of the estate of the decedent. After a replication had been filed to the answer of the defendant, stipulations were entered into by the parties, as to the admission of certain facts upon the hearing, and on the reference. An order by consent was then entered, referring it to a master to take and state an account of the estate of the decedent which had come to the hands of the defendant as administrator, and of the administration thereof; and that in taking the…

1Opinion of the Court

The Chancellor.

If the true construction Of the schedules, when taken in connection with the answer itself, is as contended for by the defendant’s counsel, it is not necessary to introduce any evidence before the master, as the defendant has a perfect remedy by excepting to the master’s report. Or the defendant may have the interest computed upon the several securities, from their dates under the special provision contained in the order of reférence, that the master shall calculate the interest and state the accounts in any form and upon any principles that either party shall request. I…

2Cited by6 opinions

  1. City of Des Moines v. Des Moines Water Co.District Court, S.D. Iowa · 1914
  2. Jones & Parker v. WebbSupreme Court of South Carolina · 1876
  3. Fair v. City of ChicagoAppellate Court of Illinois · 1907
  4. Moss v. MosserDistrict Court, E.D. Arkansas · 1953
  5. Shepard v. AkersCourt of Appeals of Tennessee · 1876

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