Hayden's Executors v. Marmaduke

In this case, executors who have in their hands a fund claimed by different persons, come into court asking the direction of the court as to the disposition to be made of it, in order that they may be protected by the decree of the court. The fund itself has been produced by means not in the contemplation of the testator. The court, on its motion, dismissed the case upon the hearing, without any cause appearing for such proceeding.

1. If the reason for such dismissal was the want of jurisdiction, the reason was fallacious. Any trustee placed in circumstances in which he may have reasonable…