O'Brien v. Heeney
New York Court of Chancery
The Bill of Complaint in this cause was filed for an account of the Personal Estate and of the rents and profits of the Real Estate of Matthew Reed, deceased, devised by his last will and testament. The Bill had been taken as confessed and two successive orders of Reference were made in this cause. Matthew Reed, the testator, died in the city of New-York in the month of November one thousand eight hundred and eleven.
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The Bill of Complaint in this cause was filed for an account of the Personal Estate and of the rents and profits of the Real Estate of Matthew Reed, deceased, devised by his last will and testament. The Bill had been taken as confessed and two successive orders of Reference were made in this cause. Matthew Reed, the testator, died in the city of New-York in the month of November one thousand eight hundred and eleven. Harriott, the wife of the testator named in his will, also died before her husband. Matthew Reed, the son of the testator also named in the said will, survived the testator, but…
1Opinion of the Court
The Vice-Chancellor:
Although Bridget O’Brien was not nominally a party to the suit and, therefore, would not be bound by the decree if she should set up claims at variance with or adverse to it, yet, as she might have come in under the decree and claimed the benefit of it if she had chosen to do so or have filed a bill to enforce it or to establish rights similar to those admitted and declared by the decree, the latter must be considered binding and as evidence conclusive upon the executors and each of them, so far as it adjudicates upon the rights of the complainants or settles the…
2Cited by8 opinions
- Ebey v. AdamsIllinois Supreme Court · 1890
- Taylor v. TaylorSupreme Court of Iowa · 1902
- Shimer v. MannIndiana Supreme Court · 1884
- Harris v. ParkerSupreme Court of Alabama · 1868
- In re the Estate of DuffyNew York Surrogate's Court · 1932
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