Ferguson v. Cummings
New York Surrogate's Court
Application by Catharine Ferguson, Thomas D„. Luther and Margaret Meakim, legatees under decedent’s; will, to punish Thomas Cummings, executor thereof, for contempt in disobeying a decree. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
This is an application to punish an *434executor for contempt of court in refusing to obey a decree requiring him to pay to legatees a proportional part of their respective legacies.
On the return of the order to show cause why he should not be so punished, the executor appeared by attorney, and moved to dismiss the proceeding: 1st, on the ground that, the claims of the legatees being several, they could not join in one proceeding to enforce payment of the same, and that, therefore, the decree obtained in that proceeding was void; and 2nd, because an execution had not been issued on…
2Cases cited3 opinions
- Hosack v. RogersNew York Court of Chancery · 1845
- Doran v. DempseyNew York Surrogate's Court · 1851
- In re LatsonThe Superior Court of New York City · 1853