Rayner v. Pearsall
New York Court of Chancery
JOHN SEARING made his will on the 29(h of March, 1795, and appointed William Pearsall, and three other persons his executors. The testator died in October, 1797, and the will was proved by Pearsall, who qualified as executor, the other persons having refused to act.
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JOHN SEARING made his will on the 29(h of March, 1795, and appointed William Pearsall, and three other persons his executors. The testator died in October, 1797, and the will was proved by Pearsall, who qualified as executor, the other persons having refused to act. After giving several specific and pecuniary legacies, the testator directed his estate to be divided into four parts, and gave one fourth of the same to the children of Joseph Baldwin, one fourth to Willet Rayner, one fourth to the children of George Van Kkeck, and one fourtli to the children of Elizabeth Hicks. Willet Rayner, the…
1Opinion of the Court
The Chancellor.
There does not appear .to exist even the shadow of a right of action against the defendant Rapelyea, He married, in 1814, a daughter of Pear-' *583sail, the executor, who had been dead ten years, and he received from his mother-in-law a few dollars in money, and some trifling furniture belonging to the estate of Pear-sail, and of which estate she was only an administratrix of assets unadministered by the former administrator. There is no real pretension of any collusion between him and any person representing the estate or assets of Searing. The complainant Eayner was the personal…
2Cases cited1 opinion
- Ray v. BogartNew York Supreme Court · 1800
3Cited by8 opinions
- McCloskey v. GleasonSupreme Court of Vermont · 1883
- Ray v. BogartNew York Supreme Court · 1800
- Stout v. Executors of SeabrookNew Jersey Court of Chancery · 1878
- Hutchinson v. SperryAppellate Division of the Supreme Court of the State of New York · 1913
- Baker v. BiddleUnited States Circuit Court · 1831
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