Gardner v. Dering
New York Court of Chancery
A motion to obtain further directions to a master or for a rehearing or other relief. On the twenty-third day of April one thousand eight hundred and twenty-seven, a decretal order had been made# wherein a master was directed to ascertain the account of persona] estate of which a deceased testator was possessed or to whichhe was entitled at the time of his death and what amount remained in the hands of the defendant,- Mrs. Esther Sarah Bering, as his executrix,…
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A motion to obtain further directions to a master or for a rehearing or other relief. On the twenty-third day of April one thousand eight hundred and twenty-seven, a decretal order had been made# wherein a master was directed to ascertain the account of persona] estate of which a deceased testator was possessed or to whichhe was entitled at the time of his death and what amount remained in the hands of the defendant,- Mrs. Esther Sarah Bering, as his executrix, unadministered. Also, that the personal estate, as before mentioned, (not, what should be or might have been converted from real into…
1Opinion of the Court
The Vice-Chancellor:
I am inclined to think the court Might, with propriety, have directed an inquiry as to any timber and trees cut and sold after the death of the testator and also an account of any thing belonging to the realty converted into money. But, the complainant does not appear to have asked for a decree to this extent, or, if he has done so, still the court has not granted it. I think the master has decided correctly in not compelling the required account from Mrs. Dering.
The question then is, whether, upon the motion now made, the court can give the master authority to make such…
2Cited by4 opinions
- Matter of PriceNew York Court of Appeals · 1876
- Jones v. DavenportNew Jersey Court of Chancery · 1889
- Picabia v. EverardNew York Supreme Court · 1849
- Shepard v. AkersCourt of Appeals of Tennessee · 1876