Powell v. Yearance
New Jersey Court of Chancery
On final hearing on pleadings and proofs. The original bill in this case was filed on November 22d, 1893, by Mrs. Powell against the executors of the will of George D. Randall, and also against his children, Mrs. Yearance, Edith and Frederick L., devisees and legatees of his residuary estate under his will.
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On final hearing on pleadings and proofs. The original bill in this case was filed on November 22d, 1893, by Mrs. Powell against the executors of the will of George D. Randall, and also against his children, Mrs. Yearance, Edith and Frederick L., devisees and legatees of his residuary estate under his will. By an amendment ,to the bill, filed June 15th, 1894, the three infant children of Frederick L. Randall, who had also an interest in' the residuary estate, were made parties. The general object of the bill was to impress a’trust in favor of Mrs. Powell, on the property left by Mr. Randall…
1Opinion of the Court
Emery, V. C.
(after statement),
On the questions argued or stated at the hearing before me, I reach the following conclusions: •
First. As to the defendant Mrs. Yearance, the decree entered on remittitur in this case is, for the purposes of this hearing, a final decree as to the character and extent of her liability, and of the liability or charge upon tire share of, or interest in, the Randall estate to which she is entitled.
Second. As to the ■ defendants other than Mrs. Yearance, the original final decree of -the court of chancery, directing that the whole amount claimed 'by the complainant be…
2Cases cited3 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- Hooker v. AxfordMichigan Supreme Court · 1876
3Cited by10 opinions
- Pope v. GarrettTexas Supreme Court · 1948
- Arntson v. First National BankNorth Dakota Supreme Court · 1918
- Weinstein v. MoersCalifornia Supreme Court · 1929
- Kupper v. BargerNew Jersey Superior Court Appellate Division · 1955
- Thomas v. BriggsIndiana Court of Appeals · 1934
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