Valentine v. Wetherill
New York Supreme Court
APPEAL from the judgment of Johnson, J. at special term, declaring the rights of the respective parties to moneys in court, the proceeds of a sale of real estate of infants. F. H. Valentine died intestate in 1840, seized of the premises in fee, leaving him surviving a widow and three children, to wit: Hannah E., Catharine L., and Ananias.
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APPEAL from the judgment of Johnson, J. at special term, declaring the rights of the respective parties to moneys in court, the proceeds of a sale of real estate of infants. F. H. Valentine died intestate in 1840, seized of the premises in fee, leaving him surviving a widow and three children, to wit: Hannah E., Catharine L., and Ananias. The widow married Harlow 0. Wetherill, and by him had one child, Harriet Wetherill, who is now living and under age, hut who is not a party to the suit. Harlow 0. Wetherill is a party as her guardian. The widow died before the commencement of this suit, and…
1Opinion of the Court
By the Court, Allen, J.
There is a want of parties which will prevent this judgment being final in any respect. The suit was only necessary because of the adverse claims to the fund. But for them the court would have directed the payment of the moneys to the claimants, upon their ex parte petition. An action became necessary because other parties made claims to parts of the fund, and upon these claims questions not free from difficulty arise—questions which could not properly be settled upon a summary proceeding by petition. A formal adjudication, and the judgment of the court in a formal…
2Cases cited2 opinions
- Gardner v. CollinsSupreme Court of the United States · 1829
- Shumway v. CooperNew York Supreme Court · 1853
3Cited by13 opinions
- Paul v. DavisIndiana Supreme Court · 1885
- Amy v. AmyUtah Supreme Court · 1895
- Wheeler v. . ClutterbuckNew York Court of Appeals · 1873
- In re the Judicial Settlement of the Account of Proceedings of YoungsNew York Surrogate's Court · 1911
- Rotenbach v. YoungNew York Supreme Court · 1922
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