Blake v. Barnes
New York Supreme Court
Trial by the court without a jury. This action was brought by Sarah Frances Blake against Alfred C. Barnes and others, individually and as executors and trustees under the will of Alfred S. Barnes deceased, and Richard S. Barnes and others, persons interested as legatees and devisees under the will of said decedent, for the construction of certain provisions of his will, and for an accounting by the defendants composing the firm of A. S. Barnes & Co., and the executors, of…
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Trial by the court without a jury. This action was brought by Sarah Frances Blake against Alfred C. Barnes and others, individually and as executors and trustees under the will of Alfred S. Barnes deceased, and Richard S. Barnes and others, persons interested as legatees and devisees under the will of said decedent, for the construction of certain provisions of his will, and for an accounting by the defendants composing the firm of A. S. Barnes & Co., and the executors, of all the property, estate and effects in their hands. The testator, Alfred S. Barnes, had been for many years and up to…
1Opinion of the CourtBarrett, J.
The only question upon which I reserved my judgment was as to the appropriation of the firm name. The other claims upon which we are asked to pass by the surrogate’s court, and to assume general jurisdiction of an ordinary accounting by executors, are entirely unsubstantial. Some of them are plainly frivolous, and all of them have been put forward seemingly for the purpose of evading the general rule that a court of equity will not take cognizance of an action for the settlement of an estate disconnected with the enforcement of a trust, unless special reasons *212are assigned and facts stated to…
2Cases cited34 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Gordon v. GilfoilSupreme Court of the United States · 1879
- Wager v. . WagerNew York Court of Appeals · 1882
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
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3Cited by1 opinion
- Rankin v. NewmanCalifornia Supreme Court · 1896