Warner v. Dyett
New York Court of Chancery
Bill brought to obtain the liquidation and payment of cer-, tain claims made by the complainant, for services rendered and monies disbursed by him chiefly as solicitor, attorney and counsel for and in behalf of a trust estate under marriage articles made between the defendants, Joshua Dyett and Jessy Ann his wife. The bill had been taken pro confesso ; and an order was entered referring the matter to a master to take and state an account.
Read the full summary
Bill brought to obtain the liquidation and payment of cer-, tain claims made by the complainant, for services rendered and monies disbursed by him chiefly as solicitor, attorney and counsel for and in behalf of a trust estate under marriage articles made between the defendants, Joshua Dyett and Jessy Ann his wife. The bill had been taken pro confesso ; and an order was entered referring the matter to a master to take and state an account. A consent was signed' by the complainant, allowing the defendants to go into proofs as if the cause had been at issue. The husband, Joshua Dyett, was…
1Opinion of the Court
The Vice-Chancellor:
The present petition is objected' to upon two grounds: 1st, on account of interest; and 2nd, that the policy of the law is against it.
As to the first point:—This is attempted to be obviated by the release made by Joshua Dyett. Still, this may not entirely remove it. I do not mean to pass upon the effect of the instrument; but the husband is bound to support his wife; and he may, therefore, in the present case be said to have an interest in protecting the trust estate, (out of which she gets maintenance)—as this will relieve him personally from her support. But—without…
2Cited by1 opinion
- Dyett v. Central Trust Co.New York Supreme Court · 1892