Livingston v. Livingston
New York Court of Chancery
IN 1772, Henry Livingston, of the island of Jamaica, devised an esiate in that island to his four nephews, Philip L., P. P. L., Walter L., and the defendant, in fee, as tenants in common. The testator died in February, 1772, having appointed the four devisees his executors. P P. L. proved the will, and managed the estate for the proprietors, until his death, in 1789, having, however, previously disposed of his share of the estate to Robert C. Livingston, in fee.
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IN 1772, Henry Livingston, of the island of Jamaica, devised an esiate in that island to his four nephews, Philip L., P. P. L., Walter L., and the defendant, in fee, as tenants in common. The testator died in February, 1772, having appointed the four devisees his executors. P P. L. proved the will, and managed the estate for the proprietors, until his death, in 1789, having, however, previously disposed of his share of the estate to Robert C. Livingston, in fee. After the death of P. P. L., the defendant took upon himself the management of the estate, and appointed agents to superintend it,…
1Opinion of the Court
The Chancellor.
This case is not brought within the principle contended for by the defendant’s counsel.- The *53,'jili charges that the plaintiffs are seised in fee of their respective shares of the estate in the island of Jamaica, and that they have, until lately, received their proportion of the income of the estate, which has been for a long time under the management of the defendant, and that he now neglects or refuses to account, under some pretence of right or title to the whole estate. The mere suggestion of such pretence is not sufficient to defeat the plaintiffs’ right to an account. If…
2Cited by1 opinion
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