Clarkson v. Clarkson
New York Supreme Court
This was an application by the trustees under the will of Levinus Clarkson, deceased, for the direction of the court in the disposition of certain bonds and certificates, received by the trustees, from investments made by them, under the will, on a case agreed upon between the parties and submitted under sec. 372 of the Code of Procedure. The testator, Levinus Clarkson, died in September, 1845, and left surviving him, his widow qrnd five children, viz.
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This was an application by the trustees under the will of Levinus Clarkson, deceased, for the direction of the court in the disposition of certain bonds and certificates, received by the trustees, from investments made by them, under the will, on a case agreed upon between the parties and submitted under sec. 372 of the Code of Procedure. The testator, Levinus Clarkson, died in September, 1845, and left surviving him, his widow qrnd five children, viz. Augustus L., David L., Levinus, jun., Lavinia and Elizabeth, the latter the wife of Thomas S. Clarkson. The will left by said testator was, in…
1Opinion of the Court
By the Court, James, J.
This case was submitted undér § 372-of the code, without points and without argument; a practice which I cannot recommend, as cases thus submitted are not likely to receive that careful and thorough investigation, so essential to a correct decision, which they might, if the points ■were'properly prepared and presented by counsel. The members of this court have sufficient employment in the discharge of their legitimate duties, without superadding that of attorney and counsel.
*651In this case the only question submitted for consideration is, to whom do the extra dividend of…
2Cited by26 opinions
- Gibbons v. MahonSupreme Court of the United States · 1890
- In Re the Accounting of OsborneNew York Court of Appeals · 1913
- Minot v. PaineMassachusetts Supreme Judicial Court · 1868
- McLouth v. . HuntNew York Court of Appeals · 1897
- In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
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