Bogert v. Bogert
New York Court of Chancery
Bill by a surviving executor, to have the trust of a will carried into effect and to account and be discharged. Answers had been put in and replications were filed.
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Bill by a surviving executor, to have the trust of a will carried into effect and to account and be discharged. Answers had been put in and replications were filed. Four motions now came before the court: 1. By Peter Aymar, a defendant, to suppress the testimony of Mr. Cornelius Bogert, a party in the suit; 2. By the defendants, Artemas Bigelow and Judith his wife, that Cornelius Bogert be compelled to submit to cross-examination and that the surviving executor (complainant) produce and leave with the examiner who was taking the testimony, for the inspection of the witnesses to be examined in…
1Opinion of the Court
The Vice-Chancellor:
1. As to the motion of Bigelow and wife to cross examine Mr. Bogert; and to have a deposit and an examination of the books and papers of the estate of Jacobus Bogert, deceased. It will be necessary to look at the bill, in order to decide upon the whole of this motion. The object of it is to ascertain and have the court determine upon the nature and extent of the rights of parties interested under the will of Jacobus Bogert. Answers have been put in; replications have been filed; and the examination of Cornelius Bogert as a witness, has commenced. He is a party to the suit,…
2Cases cited1 opinion
- Varick & Bacon v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by4 opinions
- Matter of King v. . AshleyNew York Court of Appeals · 1904
- Jackson ex dem. Eden v. VarickNew York Supreme Court · 1827
- Mutual Life Insurance v. Tailored Woman, Inc.New York Supreme Court · 1949
- Livingston v. KeechThe Superior Court of New York City · 1872