Petrie v. Petrie
New York Supreme Court
This was an appeal from an order overruling a demurrer to a complaint. The complaint averred that on or about the 15th of September, 1859, David Petrie, of Little Falls, in the county of Herkimer, departed this life leaving a last will, in and by which he appointed his brothers, Moses and Joram Petrie, and his nephew, Jost D. Petrie, executors and trustees, and devised all his estate, real and personal, not therein specifically given and disposed of, to his said executors in…
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This was an appeal from an order overruling a demurrer to a complaint. The complaint averred that on or about the 15th of September, 1859, David Petrie, of Little Falls, in the county of Herkimer, departed this life leaving a last will, in and by which he appointed his brothers, Moses and Joram Petrie, and his nephew, Jost D. Petrie, executors and trustees, and devised all his estate, real and personal, not therein specifically given and disposed of, to his said executors in trust. 1st. To pay debts and personal expenses, to erect and maintain a monument to his deceased wife in his burial lot…
1Opinion of the CourtMullin, P. J.
By the will the real and personal property of the testator were conveyed to the executors in trust to pay debts and legacies. They are to be treated, therefore, as trustees, and as such they are to account in equity for the property so conveyed to them in trust. Part of the relief sought by the plaintiff is an accounting by the trustees; but to an action to compel an accounting all persons interested in obtaining an accounting must be made parties.
Story, in his work on Equity PL, § 219, says: “ Whenever different persons are interested in an account, though not in the same right, they should…
2Cases cited2 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Sortore v. ScottNew York Supreme Court · 1871
3Cited by18 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Bliven v. . SeymourNew York Court of Appeals · 1882
- In Re the Accounting of NelsonNew York Court of Appeals · 1924
- In re McKayNew York Surrogate's Court · 1893
- In re the Final Judicial Settlement of the Accounting of Proceedings of the Estate of NeilNew York Surrogate's Court · 1921
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