Goodyear v. Bloodgood
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the first circuit, overruling a demurrer to the complainant’s bill. The bill was filed by two of the children and legatees of T. Goodyear, deceased, and by the surviving husband of the other child, who was also the trustee of the estate of his deceased wife under an ante-nuptial contract, and who, as such trustee., was entitled to her share of the estate of her deceased father.
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This was an appeal from a decretal order of the vice chancellor of the first circuit, overruling a demurrer to the complainant’s bill. The bill was filed by two of the children and legatees of T. Goodyear, deceased, and by the surviving husband of the other child, who was also the trustee of the estate of his deceased wife under an ante-nuptial contract, and who, as such trustee., was entitled to her share of the estate of her deceased father. T. Goodyear, the testator, died in 1830, and by his will directed his executrix and executors to sell his real and personal property, except his…
1Opinion of the Court
The Chancellor.
The objection that the complainants have not taken out letters of administration, with the will annexed, of the goods of T. Goodyear deceased unadministered, is not well taken. This is not a bill to recover a debt due to the estate of the testator, Goodyear, which must be sued for by the personal representatives of the latter. But it is a bill by his legatees, and those who have succeeded to their rights, to recover from the personal representative of the surviving executor of Goodyear moneys which were in the hands of such executor, and which he held as trustee for the…
2Cited by6 opinions
- Bunnel v. StoddardU.S. Circuit Court for the District of Southern Ohio · 1866
- Joslyn v. Pacific Mail Steamship Co.New York Court of Common Pleas · 1872
- Rorke v. McConvilleNew York Surrogate's Court · 1880
- Walton v. WaltonNew York Court of Appeals · 1863
- Yale v. BakerNew York Supreme Court · 1874
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