Hallett v. Hallett
New York Court of Chancery
An order was made in this cause for the appointment of a receiver of the estate and effects of A. S. Hallett, deceased, in the hands of, his executors ; and directing them to deliver over to the receiver, under oath, before master Depeyster, the said estate and effects, with all books of account, papers, writings', securities and evidences of debt, belonging, or.in any way appertaining to the same.
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An order was made in this cause for the appointment of a receiver of the estate and effects of A. S. Hallett, deceased, in the hands of, his executors ; and directing them to deliver over to the receiver, under oath, before master Depeyster, the said estate and effects, with all books of account, papers, writings', securities and evidences of debt, belonging, or.in any way appertaining to the same. The executors delivered over to the receivers certain books and papers, and made and delivered to the master the usual affidavits that they had delivered over all the estate and effects, books,…
1Opinion of the Court
The Chancellor,
The master has mistaken the practice of the court under an order of this description. Where the intention of the court is to permit the party to produce or deliver over books and papers, or any other thing, on his own ex parte affidavit merely,„he is directed generally “ to produce and deliver the same on oath.” • But where it is referred to a master to superintend the production and delivery ; or the party is directed to produce and deliver on oath, “ before a master,” or, “ under the direction of a master,” it is that all parties interested in the production' or delivery may…
2Cited by1 opinion
- The E. C. ScrantonDistrict Court, S.D. New York · 1868