Carroll v. Carroll
New York Supreme Court
In Equity. This was an appeal from an order, made at a special term, overruling the demurrers put in by the defendant Charles H. Carroll, to the amended bill of complaint of the complainant Daniel J. Carroll.
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In Equity. This was an appeal from an order, made at a special term, overruling the demurrers put in by the defendant Charles H. Carroll, to the amended bill of complaint of the complainant Daniel J. Carroll. The bill was filed in December, 1846, in the court of chancery, by the complainant, one of the heirs, legatees, and next of kin of Charles Carroll, deceased, against the executor, Charles H. Carroll, to obtain a full account of the testator’s personal estate; the disposition thereof by the executor; the moneys received by him from the real estate, and what dispositions he had made of…
1Opinion of the Court
By the Court,
Mitchell, J.
This bill was filed in December, 1846. It shows that Charles Carroll, the testator, made his will in 1823, and died in October in that year, and left the plaintiff, one of his heirs, legatees, and next of kin, and the defendant *296Charles H. Carroll, his executor; and that the will was proved by" the executor in 1824 — who, from that time to 1838, has acted as executor, receiving the personal estate, leasing, mortgaging, and conveying the lands, under the powers contained in the will. So late as the first of March, 1838, he mortgaged some of the lands to the Farmers’…
2Cited by3 opinions
- Naab v. StewartAppellate Division of the Supreme Court of the State of New York · 1898
- Carroll v. CarrollNew York Supreme Court · 1850
- Kemper v. Apollo Building & Loan Co., Court of Common Pleas of Ohio, Hamilton County1907