Monroe v. . Douglass
New York Court of Appeals
* Appeal from the general term of the Supreme Court, in the first district, where a decree of the assistant vice-chancellor of the first circuit, had been affirmed. (Reported in chancery, 4 Sandf.
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* Appeal from the general term of the Supreme Court, in the first district, where a decree of the assistant vice-chancellor of the first circuit, had been affirmed. (Reported in chancery, 4 Sandf. Ch. 126.) This was a bill in equity, filed in the late court of chancery, by James Monroe and wife, and the trustees of Mrs. Monroe, under a marriage settlement, against George Douglass, the defendant, to compel him to account for the proceeds of the real estate of his uncle, Sir Wil liam Douglass, of Castle Douglass, in Scotland, which had come into his hands; Mrs. Douglass claiming to share in…
1Opinion of the CourtFoot, J.
The question between the parties in this cause is, whether the appellant, Mrs. Monroe, is entitled to a share of the real estate of her late uncle, Sir William Douglass, and this depends on the true construction of his testamentary settlement, the controlling efficacy of which both parties admit. As the real estate lay principally in Scotland, where Sir William was domiciled, and his settlement made, and as a judicial proceeding was had in that country, after his death, which has been supposed to affect materially the rights of the parties, the learned vice-chancellor in his opinion, and the…
2Cases cited1 opinion
- Savage v. . O'NeilNew York Court of Appeals · 1871
3Cited by52 opinions
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- Hynes v. . McDermottNew York Court of Appeals · 1880
- Wickersham v. JohnstonCalifornia Supreme Court · 1894
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