Elmendorf v. Lansing
New York Court of Chancery
1 THE bill stated, that Jeremiah Lansing, of Albany, who died in February, 1810, by his last will, appointed the plain"tiffs, and the defendant, G. Lansing, jun. his executors. G. L., who had united with the plaintiffs in the execution of the will, removed to Herkimer in 1811, and the whole care of the estate, from that time, devolved on the plaintiffs.
Read the full summary
1 THE bill stated, that Jeremiah Lansing, of Albany, who died in February, 1810, by his last will, appointed the plain"tiffs, and the defendant, G. Lansing, jun. his executors. G. L., who had united with the plaintiffs in the execution of the will, removed to Herkimer in 1811, and the whole care of the estate, from that time, devolved on the plaintiffs. In September, 1817, G. L. returned to Albany, and demanded of B., one of the plaintiffs, access to the papers of the testator. which was, at first, refused, but afterwards granted; and without the knowledge or consent of the plaintiffs, G. L„…
1Opinion of the Court
The Chancellor.
The defendant Lansing’s answer, is a sufficient admission of abuse of trust. After residing several years out of the city and county of Albany, he returned there in 1817, and took from the custody of the plaintiffs, without their knowledge or consent, a bond and note, being part of the testator’s assets, and which amount* ed, on the face of them, to 3,400 dollars, and upwards. He applied to the obligor of the bond, and received 200 dollars, in part payment of it, and then sold the bond and note to a third person, and took a bond and mortgage for the amount to himself. The bond…
2Cited by5 opinions
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- Patten v. PattenSupreme Court of New Hampshire · 1920
- Bowling v. ScalesCourt of Appeals of Tennessee · 1874
- Croft v. WilliamsNew York Supreme Court · 1880
- Estate of Barrett, Superior Court of California, County of San Francisco1899