Bodle v. Hulse
New York Supreme Court
Demurrer, to replication. The plaintiffj in the declaration in this cause, is described as “ A. T. Bodle, acting executor of the last will and testament of A. Bodle, deceased.” The defendant pleadsln abatement that the testator, in and by his last will and testament, constituted and appointed the plaintiff and one Oliver Bodle executors, &c. and that Oliver Bodle, at the time of the commencement of the suit, was and still is living, &c.
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Demurrer, to replication. The plaintiffj in the declaration in this cause, is described as “ A. T. Bodle, acting executor of the last will and testament of A. Bodle, deceased.” The defendant pleadsln abatement that the testator, in and by his last will and testament, constituted and appointed the plaintiff and one Oliver Bodle executors, &c. and that Oliver Bodle, at the time of the commencement of the suit, was and still is living, &c. The plaintiff replies that Oliver Bodle has not proved the will, or taken upon himself the burthen of the execution thereof ; has filed a renunciation of his…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Where there are several executors, they must all join, even though some renounce. It was so resolved in Hensloe’s case, 9 Coke, 37, and the same practice is recognized by subsequent writers and in subsequent cases. 1 Chitty’s Pl. 13. 1 Saund. 291, g. The reason assigned by Bacon, 3 Bac. 32, is, that all the executors have the right in them, and he that did not prove may come in when he pleases ; and even he who renounced may administer after the death of the other executors. Toller, 68, 69.
*314The proper practice, where one renounces, probably is to prosecute in the…
2Cited by12 opinions
- Goodyear v. Providence Rubber Co.U.S. Circuit Court for the District of Rhode Island · 1864
- In re EhretNew York Supreme Court · 1911
- Scrantom v. Farmers & Mechanics' BankNew York Supreme Court · 1860
- Simpson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1899
- Mallory v. Virginia Hot Springs Co.Appellate Division of the Supreme Court of the State of New York · 1913
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