Manning v. Manning
New York Court of Chancery
THE testator, James Manning, made his will on the 29th of November, 1808, and died the next day, leaving a consi- ■ derable real and personal estate. By the will, his executors were empowered to sell all his real estate, except that on York Island.
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THE testator, James Manning, made his will on the 29th of November, 1808, and died the next day, leaving a consi- ■ derable real and personal estate. By the will, his executors were empowered to sell all his real estate, except that on York Island. The defendants all acted as executors, and sold the real and personal estate, and collected the proceeds, after paying debts; and from time to time paid over to the plaintiffs, who are the widow and children of the testator, various sums as part of the estate; but the plaintiffs charged that considerable moneys still remain in the hands of the…
1Opinion of the Court
The Chancellor.
The executors are called on to render an account of their trust; and they set up a claim to a commission of 5 per cent., as a compensation for their care and trouble in the management of the estate; and they, likewise, contend, that they ought not to account for interest on moneys belonging to the estate, and which they made use of for their private purposes.
I. The claim of an allowance has been pressed upon the court with much zeal, as if the denial of it would be extremely unjust, and as if this court was at liberty to deal with established rules just as it pleased. This very…
2Cited by20 opinions
- Walker v. . WalkerNew York Court of Appeals · 1880
- In re the Judicial Settlement of the Account of PoppAppellate Division of the Supreme Court of the State of New York · 1907
- Hill v. HillNew Jersey Superior Court Appellate Division · 1912
- Ogden v. . MurrayNew York Court of Appeals · 1868
- Forbes v. WareMassachusetts Supreme Judicial Court · 1899
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