Bolton v. Gardner
New York Court of Chancery
The bill in this cause was filed by the administratrix of J. Bolton, deceased, to obtain the distributive share of the decedent in the estate of A. McLachlan, his half brother.
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The bill in this cause was filed by the administratrix of J. Bolton, deceased, to obtain the distributive share of the decedent in the estate of A. McLachlan, his half brother. The bill charged that McLachlan died in January, 1819, leaving a large personal estate, and that the defendant D. Gardner, who married his sister, administered thereon; that in February, 1821, Bolton received a letter from the defendant S. 8. Gardner, a brother of D. Gardner, requesting him to call and see him relative to the estate of McLachlan; that Bolton called accordingly, and S. 8. Gardner told him he was…
1Opinion of the Court
The Chancellor.
Several objections are made to this plea which are merely formal; but the principal objection is that it is pleaded in bar to the discovery of what the complainant’s counsel considers a material fact to destroy the defence arising out of the release and assignment of Bolton. I believe the answer is sufficiently full as to all the matters of the bill not professedly covered by the plea. Whether the plea does not cover the discovery of some facts as to which the complainant was entitled to an answer, I shall presently consider. The rule which requires an answer in support of a…
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