Hertell v. Bogert
New York Court of Chancery
Thís was an appeal from the decree of the vice chancellor of the first circuit. And the principal question between the parties was whether the appellant Bogart was entitled to a bond and mortgage of $12,000, assigned to him by one of the executors of John Dover deceased, under the following circumstances : Dover died in 1822, and by his will, after making- provision for his wife, he gave the income of two thirds of his real and personal estate to his two daughters during…
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Thís was an appeal from the decree of the vice chancellor of the first circuit. And the principal question between the parties was whether the appellant Bogart was entitled to a bond and mortgage of $12,000, assigned to him by one of the executors of John Dover deceased, under the following circumstances : Dover died in 1822, and by his will, after making- provision for his wife, he gave the income of two thirds of his real and personal estate to his two daughters during their respective lives, to be paid to them, in half yearly payments for their separate use ; and the share of each, after…
1Opinion of the Court
The Chancellor.
After reading the very able and lucid opinion of the vice chancellor, upon the main question which arises on this appeal, very little remains to be said in reference to the appellant’s claim to the bond and mortgage, under the assignment to him by Van Beuren, one of the mortgagees. I concur in opinion with the vice chancellor that this attempt of Van Beuren to sell the bond and mortgage, which had been taken upon the sale of the real estate, without the consent of his co-trustee and when money was not wanted for the purposes of distribution according to the directions of the…
2Cases cited1 opinion
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by13 opinions
- Fesmire v. ShannonSupreme Court of Pennsylvania · 1891
- Beecher v. BuckinghamSupreme Court of Connecticut · 1846
- Farrow v. FarrowSupreme Court of South Carolina · 1911
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1951
- Chester County Guarantee Trust & Safe Deposit Co. v. Securities Co.Appellate Division of the Supreme Court of the State of New York · 1914
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