Donnington v. Mitchell
New Jersey Court of Chancery
Bill for an account and for relief, filed the 4th of February, 1837. It states, that Nathaniel Mitchell, of Elizabeth-Town, died about the first of June, 1828, leaving Albert R. Mitchell and Caroline ,M. Mitchell, his children, and Mary R. Mitchell, his widow, surviving.
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Bill for an account and for relief, filed the 4th of February, 1837. It states, that Nathaniel Mitchell, of Elizabeth-Town, died about the first of June, 1828, leaving Albert R. Mitchell and Caroline ,M. Mitchell, his children, and Mary R. Mitchell, his widow, surviving. That the .said Nathaniel Mitchell died seized of a valuable real estate, which upon his death descended ■to his children; and that the said Caroline M. Mitchell, upon the death of her father, became entitled to one third of the rents, issues, profits and annual income of the said real estate, .and so continued until her…
1Opinion of the Court
The Chancellor.
There can be no doubt that the complainants in this case are entitled, upon the general rule, to an account at the hands of the defendants. The bill was filed by William Donnington-, in his life-time, as administrator of his wife, for an account of her personal estate. He died, and the complainants have obtained letters of administration of the husband’s estate, and also, de bonis non, of the estate of his wife. On the death of a wife the husband may administer on her estate, and in that character take to himself, for his own benefit, jure mariti, *247all her personal property; and…
2Cases cited1 opinion
- Stewart v. StewartNew York Court of Chancery · 1823
3Cited by1 opinion
- Skinner v. ReinhardtNew Jersey Court of Chancery · 1931