Owsley v. Central Trust Co.
District Court, S.D. New York
At Raw. Action by Louis S. Owsley, as ancillary executor, against the Central Trust Company of New York. Verdict directed for plaintiff. This cause having come on to be heard before the court and a jury, the following material facts appeared by uncontradicted evidence: Charles T. Yerkes, a citizen of Illinois, domiciled and resident in Chicago, died testate.
Read the full summary
At Raw. Action by Louis S. Owsley, as ancillary executor, against the Central Trust Company of New York. Verdict directed for plaintiff. This cause having come on to be heard before the court and a jury, the following material facts appeared by uncontradicted evidence: Charles T. Yerkes, a citizen of Illinois, domiciled and resident in Chicago, died testate. His will was duly admitted in the probate court of Cook county, 111., and letters testamentary issued to the plaintiff herein, one of the executors named in the will. Plaintiff subsequently obtained ancillary letters testamentary in the…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). The parties agree that the sole question raised in this case is whether the proceedings in the probate court of Cook county amount to a judgment merging the notes held by Central Trust Company, and fixing thereafter the rights of the parties, in accordance with the law under which the probate court acted.
If the allowance of the trust company’s claim constituted a judgment, rendered by a court of competent jurisdiction, if such judgment was not merely in rem, and against a res consisting of Yerkes’ personal property in Illinois, but ran in personam against…
2Cases cited18 opinions
- Converse v. HamiltonSupreme Court of the United States · 1912
- Parsons v. . LymanNew York Court of Appeals · 1859
- Hess v. ReynoldsSupreme Court of the United States · 1885
- Tilt v. KelseySupreme Court of the United States · 1907
- Carpenter v. StrangeSupreme Court of the United States · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Vogel v. New York Life Ins. Co.Court of Appeals for the Fifth Circuit · 1932
- In re the Estate of RoebenNew York Surrogate's Court · 1939
- Ware v. Farmers' Nat. Bank of DanvilleNew Mexico Supreme Court · 1933