Banks v. Executors
New York Court of Chancery
The bill was filed in January, 1842, by William Banks, as the administrator of James Campbell, and as the executor of Margaret Campbell, deceased, against Janet Wilkes, executrix, and George Wilkes and Hamilton Wilkes, surviving executors of Charles Wilkes, deceased.
Read the full summary
The bill was filed in January, 1842, by William Banks, as the administrator of James Campbell, and as the executor of Margaret Campbell, deceased, against Janet Wilkes, executrix, and George Wilkes and Hamilton Wilkes, surviving executors of Charles Wilkes, deceased. The facts established, upon which the decision of the court was made, were these:— Charles Wilkes, for many years, was the banker of James Campbell, residing in New Jersey, and as his agent, invested moneys from time to time. In 1831, James Campbell died, leaving a sister, Margaret Campbell, his sole legatee and executor. Mr.…
1Opinion of the Court
The Assistant Vice-Chancellor.
At the time of the death of Charles Wilkes, the bond and mortgage of S. Wilkeson, which ultimately became the cause of this controversy, although payable to him, were clearly identified and distinguished as being the property of Margaret Campbell; and after his death they were recognized and treated as hers by his representatives.
The securities came to the hands of his executors, with the testator’s effects upon his death.
It is agreed on all hands, that Mr. Wilkes held the bond and mortgage, in trust for Miss Campbell. And it appears to me to be quite immaterial,…
2Cases cited1 opinion
- Manahan v. GibbonsNew York Supreme Court · 1822
3Cited by1 opinion
- In re HowellNew York Court of Common Pleas · 1881