Case & wife v. Abeel
New York Court of Chancery
The defendant, Garret Abeel, and his brother John, were partners in the hardware business in the city of New York, for several years previous to the death of the latter, which took place in the spring of 1811. About two years before the death of John, he made his will, and thereby adopted his niece, now the wife of R. D. Weeks, and Mrs. Case, one of the plaintiffs, and two children of Phebe Howell, as his children; and devised and bequeathed unto them in equal shares, all…
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The defendant, Garret Abeel, and his brother John, were partners in the hardware business in the city of New York, for several years previous to the death of the latter, which took place in the spring of 1811. About two years before the death of John, he made his will, and thereby adopted his niece, now the wife of R. D. Weeks, and Mrs. Case, one of the plaintiffs, and two children of Phebe Howell, as his children; and devised and bequeathed unto them in equal shares, all his estate, real and personal, with some few exceptions. There was a limitation over of the share of either who should die…
1Opinion of the Court
The Chancellor :—The first point presented by the pleadings and proofs in this case is, whether the acting executor is to be permitted to account for the partnership stock at the price fixed upon by himself and his co-executor.
I took up the case with a sincere desire to sustain the agreement or understanding upon which A. B. Abeel assumed to himself the sole ownership of the stock in trade, but I find it cannot be sustained without overturning principles of equity which have long been deemed essential to protect the rights of those whose property is committed to the care or guardianship of…
2Cases cited3 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Murray v. MumfordNew York Supreme Court · 1826
- Stiles v. BurchNew York Court of Chancery · 1835
3Cited by38 opinions
- Marston v. . GouldNew York Court of Appeals · 1877
- Commercial & Agricultural Bank v. JonesTexas Supreme Court · 1857
- Russell v. . McCallNew York Court of Appeals · 1894
- King v. . LeightonNew York Court of Appeals · 1885
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
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