Furman v. Coe
Court for the Trial of Impeachments and Correction of Errors
ON appeal from Chancery. Robert Coe, the grandfather of the respondents, by his will empowered his executors, Wil**am Furman and William Howard, to sell and dispose of all his real and personal estate, at such time as should be judged m0Sf advantageous for his children.
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ON appeal from Chancery. Robert Coe, the grandfather of the respondents, by his will empowered his executors, Wil**am Furman and William Howard, to sell and dispose of all his real and personal estate, at such time as should be judged m0Sf advantageous for his children. He directed also, that his daughter Mary Gods children (the respondents) should have the same quantity of money between them as their mother, the said Mary Coe, should have had for her portion, had she survivefib" that is, to be equal -with the rest of his daughters, such share ¡f0 bedeft in the hands of his executors, to…
1Opinion of the CourtSpencer, J.
It is proper that I first consider, whether the proceedings on the petitions presented by the appellant for a re-hearing of the cause, after a decree settling all the princi- ^ u i pies, and the dismissing those petitions, is warranted by the course of proceedings in the court of chancery. It appears to me, that the Chancellor disposed of those petitions correctly; for, as has been insisted on by the respondents^ counsel, instead of asking a re-hearing, on the discovery of new evidence, the application ought to have been for a bill of review, upon which the competency of the two witnesses,…
2Cited by3 opinions
- State ex rel. Townshend v. MeagherSupreme Court of Missouri · 1869
- Jacobus v. JacobusNew Jersey Court of Chancery · 1883
- Rogers v. TraphagenSupreme Court of New Jersey · 1886