Legal Opinion

Rogers v. Cruger

New York Supreme Court

Decided March 15, 1808PublishedCited by 9 opinions

THE appellant Ann, formerly Ann Cruder, exhibited , her bill m the court of chancery, on the 18th of May, 1801, stating, that her late husband, Nicholas Cruger, deceased, was seised and possessed of a very considerable real and personal estate,, and on the 22d day of February, 1791, duly made and published his last will and testament; by which, after directing his debts to be paid, and directing his executors to make an inventory of his estate, as soon after his death as…

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THE appellant Ann, formerly Ann Cruder, exhibited , her bill m the court of chancery, on the 18th of May, 1801, stating, that her late husband, Nicholas Cruger, deceased, was seised and possessed of a very considerable real and personal estate,, and on the 22d day of February, 1791, duly made and published his last will and testament; by which, after directing his debts to be paid, and directing his executors to make an inventory of his estate, as soon after his death as convenient, he devised as follows : c‘ I give and bequeath to my respectable and aged unele, John Cruder, Esq. the annual…

1Opinion of the CourtYates, J.

The following questions arise in this case; 1. Whether the infants were properly before the court of chancery so as to be bound by the decretal order of the 21st May, 1804, confirming the appraisement; 2. If they were properly before the court, whether the setting aside that order, as to all the respondents, was fit and proper on the ground of mistake in the appraisers; surprise on the respondents ; or imposition or fraud of the complainants. I shall not, on the first question, take up all the proceedings, and examine the merits of every objection in detail. This would be an unnecessary task;…

2Cited by9 opinions

  1. Matter of the Petition of LivingstonNew York Court of Appeals · 1866
  2. Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
  3. Montevallo Coal Mining Co. v. ReynoldsSupreme Court of Alabama · 1870
  4. Williams v. Moseley ex rel. SmithSupreme Court of Florida · 1848
  5. Casey v. KastelNew York Supreme Court · 1922

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