Legal Opinion

De Peyster v. Clarkson

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1828PublishedCited by 19 opinions

Appeal from chancery. Charles Clarkson died in October, 1802, leaving a widow, and a daughter and two sons, his only children and heirs at law, the eldest of whom was not six years of age.

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Appeal from chancery. Charles Clarkson died in October, 1802, leaving a widow, and a daughter and two sons, his only children and heirs at law, the eldest of whom was not six years of age. On the day of his death, he made and published his last will and testament, whereby, after directing all his just debts and funeral charges to be paid, and giving to a sister a legacy of £500, he nominated and appointed Frederick De Peyster, Matthew Clarkson, sen. and Freeman Clarkson executors of his will, without making any farther disposition of his estate and effects. He died seized of a large real and…

1Opinion of the Court

The Chancellor.

Exceptions were taken by both parties to the master’s second report in this cause.

*84The principal exceptions were taken on the part of the defendant, and consisted of five.

The first was an exception to certain specified sums chargt° the defendant. On the argument, this exception was confined to the sum of $289 03, under date of 23d March, 1811, which was supposed by the defendant to be a sum paid by Mr. De Peyster to Clarkson, his co-guardian, and for which he claimed to be entitled to credit.

This exception is founded on a misconception of the fact. On turning to the account, it…

2Cited by19 opinions

  1. Lent v. . HowardNew York Court of Appeals · 1882
  2. In re the Accounting of HubbellNew York Court of Appeals · 1951
  3. In re Harland's AccountsSupreme Court of Pennsylvania · 1835
  4. Watson v. RandallNew York Supreme Court · 1838
  5. Bryant v. CraigSupreme Court of Alabama · 1847

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