Wright v. Miller
New York Court of Chancery
This was an appeal, by E. W. Miller, one of the defendants, from an order of the late vice chancellor of the first circuit, directing the master to proceed in the decree which had been made in these causes.
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This was an appeal, by E. W. Miller, one of the defendants, from an order of the late vice chancellor of the first circuit, directing the master to proceed in the decree which had been made in these causes. By the original decree, certain proceedings, by which the real estate .of Mrs. Miller, which, previous to her marriage, had been conveyed to a trustee for her separate use during coverture with remainder in trust for her children, had been transferred from the trustee and vested in E. W. Millev the husband, absolutely, were set aside as fraudulent and void, as against the children of Mrs.…
1Opinion of the Court
The Chancellor.
The only question which it appears to be necessary to consider is, whether the notice of the appeal, and the giving of the bond of $250 for the costs and damages upon the appeal, operated as a stay of the proceedings upon the decree appealed from. For if it did not, this does not appear to be a proper case in which to proceed and take the accounts, directed by the decree, pending the appeal, and before a new trustee has been appointed.
Had this been an interlocutory decree, the second clause of the 116th rule of this court would have applied to the case, and the proceedings…
2Cases cited2 opinions
- Williamson v. FieldNew York Court of Chancery · 1847
- Coithe v. CraneNew York Court of Chancery · 1845
3Cited by2 opinions
- Steinback v. DiepenbrockAppellate Division of the Supreme Court of the State of New York · 1896
- Grow v. GarlockNew York Supreme Court · 1883