Schieffelin v. Stewart
New York Court of Chancery
JOSEPH HOPKINS, of the city of New-York, died, in July, 1803, intestate, leaving a widow and several infant children. The plaintiff and Elijah Ferris, with the widow, were appointed administrators of the estate; and the plaintiff was appointed guardian to the children, who are still under age. The principal burden of the administration devolved on the plaintiff, and.the goods and effects of the intestate, to a large amount, came into his hands.
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JOSEPH HOPKINS, of the city of New-York, died, in July, 1803, intestate, leaving a widow and several infant children. The plaintiff and Elijah Ferris, with the widow, were appointed administrators of the estate; and the plaintiff was appointed guardian to the children, who are still under age. The principal burden of the administration devolved on the plaintiff, and.the goods and effects of the intestate, to a large amount, came into his hands. He had paid out large sums in discharge of the debts of the" intestate, and for the maintenance of the children; and for his agency in the…
1Opinion of the Court
The Chancellor.
As the plaintiff took no exception to the testimony taken before the master, and has not shown, by affidavit, what that testimony was, nor called upon the master to report the facts, I have a right to presume, that the master had sufficient evidence before him to warrant the conclusion, that the plaintiff had used and employed the money belonging to the estate in his business or trade. The master says, that the fact of the appropriation of the assets by the plaintiff to his own use, appeared from the vouchers submitted in taking the account, and from the examination of the…
2Cited by32 opinions
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- Wheeler v. BoltonCalifornia Supreme Court · 1891
- Bond v. LockwoodIllinois Supreme Court · 1864
- In re LuxCalifornia Supreme Court · 1893
- Perrin v. LepperMichigan Supreme Court · 1888
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