Benson v. Le Roy
New York Court of Chancery
THE plaintiffs, Egbert Benson, Charles M‘Evers, and Roswell L. Colt, executors of Anthony Rutgers, deceased, in behalf of themselves and other creditors of Jacob Le Roy, deceased, who should come in and contribute to the expense of the suit, filed their original bill, on the 14th of November, 1818, against Peter A. Jay, administrator, with the will annexed, of Jacob Le Roy, deceased, Martha Le Roy, widow, and Harriet, Goldsbrow, Mary and Cornelia, children of the said J. Le…
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THE plaintiffs, Egbert Benson, Charles M‘Evers, and Roswell L. Colt, executors of Anthony Rutgers, deceased, in behalf of themselves and other creditors of Jacob Le Roy, deceased, who should come in and contribute to the expense of the suit, filed their original bill, on the 14th of November, 1818, against Peter A. Jay, administrator, with the will annexed, of Jacob Le Roy, deceased, Martha Le Roy, widow, and Harriet, Goldsbrow, Mary and Cornelia, children of the said J. Le Roy, and Campbell P. White, for an account of the real and personal estate of the said J. Le Roy, and for a sale of the…
1Opinion of the Court
The Chancellor.
The testator in this case devised all his estate, real and personal, to four trustees, (of whom three were made executors,) in fee, and in trust to pay his debts, and then to distribute the residue. Such a devise in trust places the assets under the jurisdiction of this Court. A Court of law does not take cognizance of a trust, but the notice of it belongs, peculiarly and exclusively, to this Court.
Before the statute of 3 W. & M., if the testator devised his lands for the payment of his debts, all the creditors were to be paid pari passu, or in rateable proportions, for it was…
2Cited by4 opinions
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- Dill v. WisnerNew York Supreme Court · 1880