Coddington v. Executors of Bispham
Supreme Court of New Jersey
On appeal from an order advised by Vice-Chancellor Van Fleet, whose opinion is reported in Coddington v. Bispham, 9 Btew. Eq. SS4-. Smith Coddington died on the 11th of May, 1868. 'By his ■will he appointed Walter Brewster and John C. Coddington executors. Besides personal estate, the deceased was seized of a house and lot in Rahway.
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On appeal from an order advised by Vice-Chancellor Van Fleet, whose opinion is reported in Coddington v. Bispham, 9 Btew. Eq. SS4-. Smith Coddington died on the 11th of May, 1868. 'By his ■will he appointed Walter Brewster and John C. Coddington executors. Besides personal estate, the deceased was seized of a house and lot in Rahway. The testator bequeathed pecuniary legacies to several of his children, and charged the payment thereof on his lands in case of a deficiency of his personal estate to pay the sainé. The residue he gave to his children in equal shares. In 1879,-three of the…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
This case was heard in the court of chancery very informally^ by consent of parties. The substantial controversy there was,, whether creditors or legatees under the will of the deceased *577had priority of payment out of the fund paid into court by the receiver.
As mortgagees, the executors of Bispham are not entitled to this fund on the ground that- they were suitors in the court of chancery for the foreclosure of the mortgage. The receiver was appointed in another suit. A receiver appointed in a suit is appointed for the benefit of such of the…
2Cases cited6 opinions
- Wager v. . WagerNew York Court of Appeals · 1882
- Howell v. RipleyNew York Court of Chancery · 1843
- Post v. DorrNew York Court of Chancery · 1845
- Brooks v. GibbonsNew York Court of Chancery · 1834
- In re the Estate of MainsNew Jersey Superior Court Appellate Division · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bermes v. KelleyNew Jersey Court of Chancery · 1931
- Berman v. One Forty-Five Belmont Ave. Corp.New Jersey Court of Chancery · 1931
- In Re BoyleNew Jersey Superior Court Appellate Division · 1943