Bertine v. Varian
New York Court of Chancery
This was a bill calling upon a guardian and the administrator of another guardian to account. The facts were these:— In February, one thousand seven hundred and ninety-five, Isaac Varían and James Anderson were appointed, by the court of Chancery, guardians of the persons and estates John Forrester and Gertrude Forrester, who were infants; the former was then about seven years of age, and the latter nearly four years old.
Read the full summary
This was a bill calling upon a guardian and the administrator of another guardian to account. The facts were these:— In February, one thousand seven hundred and ninety-five, Isaac Varían and James Anderson were appointed, by the court of Chancery, guardians of the persons and estates John Forrester and Gertrude Forrester, who were infants; the former was then about seven years of age, and the latter nearly four years old. These children were entitled to a considerable personal estate under the will of their mother Gertrude Harris, who died in the month of November one thousand seven hundred…
1Opinion of the Court
The Vice-Chancellor.
The cause has been heard Upon the pleadings and proofs between the complainants and the administrators of Varían; and the only question to be considered at present is, whether the defendants are protected by the lapse of time or the -stateness of demand from liability tó account?
These defendants, by their answer, claim the benefit of the statute of limitations or of the equitable bar arising from the lapse of time, in the same manner as if it had been pleaded. •
The whole doctrine bearing upon the question here presented underwent an examination in Kane v. Bloodgood, 7…
2Cited by9 opinions
- Peck v. the Bank of AmericaSupreme Court of Rhode Island · 1890
- In re RogersNew York Surrogate's Court · 1852
- Baldwin v. MartinThe Superior Court of New York City · 1872
- St. John v. CoatesNew York Supreme Court · 1892
- Akiona v. Kohala Sugar Co.Hawaii Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.