Legal Opinion

Earle v. . Earle

New York Court of Appeals

Decided October 2, 1883PublishedCited by 35 opinions

Appeal by defendant, William P. Earle, from a judgment of the General Term of the Superior Court of the city of ¡New York, made August 1,1882, which affirmed a judgment in favor of plaintiff and of certain of the defendants herein, entered upon the report of a referee to whom it was referred to take and state the accounts in accordance with the directions of an interlocutory judgment herein.

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Appeal by defendant, William P. Earle, from a judgment of the General Term of the Superior Court of the city of ¡New York, made August 1,1882, which affirmed a judgment in favor of plaintiff and of certain of the defendants herein, entered upon the report of a referee to whom it was referred to take and state the accounts in accordance with the directions of an interlocutory judgment herein. (¡Reported below on appeal from interlocutory judgment, 16 J. & S. 18.) This action was brought by plaintiff as legatee under the will of Morris Earle, deceased, against defendants, William P. Earle and…

1Opinion of the CourtRapallo, J.

The objection taken by the appellant in his answer, and urged upon the trial, that his former co-executor, Charles Dodd, was a necessary party to this action, should not, in our judgment, be sustained. Almost immediately after the final accounting of all the executors before the surrogate of the city of New York had been completed, and a decree had been entered thereon, dated April 25, 1861, finally settling the accounts of the executors and ascertaining the amounts in their hands, and directing the disposition thereof, Mr. Dodd removed from the State of New York to the State of Connecticut.…

2Cited by35 opinions

  1. Freeman v. BrownSupreme Court of Georgia · 1902
  2. In Re Lloyd's American Trust Fund LitigationDistrict Court, S.D. New York · 1997
  3. Newhoff v. Rankow, Cohen & Isaac, P. C.New York Surrogate's Court · 1980
  4. Woodbridge v. BockesAppellate Division of the Supreme Court of the State of New York · 1901
  5. Earle v. . EarleNew York Court of Appeals · 1903

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