Witters v. Sowles
United States Circuit Court
In Equity. Complainant, as receiver of a national bank, exhibited his bill against the executor of a deceased shareholder, to reach assets, if any, in the hands of said executor, also against the executor’s wife, to reach her interest as residuary legatee, failing assets in the hands of her husband; and thereupon complainant sought to use the defendant executor as a witness, hut the latter declined to testify, for the alleged reason that his wife was an interested party.
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In Equity. Complainant, as receiver of a national bank, exhibited his bill against the executor of a deceased shareholder, to reach assets, if any, in the hands of said executor, also against the executor’s wife, to reach her interest as residuary legatee, failing assets in the hands of her husband; and thereupon complainant sought to use the defendant executor as a witness, hut the latter declined to testify, for the alleged reason that his wife was an interested party. Motion to eompel said defendant to submit to examination.
1Opinion of the CourtWheeler, J.
Hiram Bellows, the testator, was the owner of 430 shares, of §100 each, of the capital stock of the First National Bank of St. Albans, which, by his will, passed to the defendant Edward A. Sowles, as executor, whose wife is residuary legatee. An assessment equal to the par value of the stock has been laid upon the shareholders of the bank. This bill is brought by the receiver to reach the assets of the estate in the hands of the executor, to pay the assessment upon this stock, if he has sufficient still in his hands for that purpose, and, if not, to reach the assets which have been…
2Cases cited8 opinions
- Cram v. CramSupreme Court of Vermont · 1860
- Willey v. HunterSupreme Court of Vermont · 1884
- Williams v. BaldwinSupreme Court of Vermont · 1835
- of Carpenter v. MooreSupreme Court of Vermont · 1871
- Seargent v. SewardSupreme Court of Vermont · 1859
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3Cited by1 opinion
- La Russo v. St. George's University School of MedicineCourt of Appeals for the Second Circuit · 2014