Fullerton v. Jackson
New York Court of Chancery
BILL for two years interest, due on a legacy of 200 dollars, payable when the infant came of age, which interest the testator directed, by his will, to be applied to her education. The infant was of the age of nine years, and sued by her guardian. The defendants admitted assets, and that the interest being 28 dollars, was due, which they were ready to pay, as the Court should direct.
1Opinion of the Court
The Chancellor.
Executors are not suable before a Justice of the Peace, for a legacy. They are expressly excepted in the statute from the jurisdiction of the Justice, as to actions against them. But this suit might have been brought in the Court of Common Pleas of the county where the defendants reside, under the 19th section of the act entitled “ an act concerning executors and administrators, and the distribution of intestates’ estates.” For a demand under 50 dollars, the plaintiff ought to have sued there; it is too expensive, and consequently oppressive, to sue in this Court, except in…
2Cases cited1 opinion
- Moore v. LyttleNew York Court of Chancery · 1819
3Cited by2 opinions
- Douw v. SheldenNew York Court of Chancery · 1831
- Allen v. DemarestNew Jersey Court of Chancery · 1886