Shippee v. Shippee
New Jersey Court of Chancery
1Opinion of the Court
The bill originally filed in this cause by Mr. Shippee, named as defendant no one but himself in his capacity as executor of the wills of his two sisters. When this transpired, the court refused to proceed on the ground that no suit was pending. It takes two to make a law suit. The bill was then amended to join the State of New Jersey as defendant, but Mr. Shippee still appears on both sides of the fence. "It is clear that a man cannot, in his individual capacity, sue himself in his capacity as executor. Can he, in his individual capacity, sue himself and two others as executors of a will; or…
2Cases cited3 opinions
- Hackensack Trust Co. v. Hackensack Hospital Assn.New Jersey Court of Chancery · 1936
- Executors of Ransom v. GeerNew Jersey Court of Chancery · 1878
- Black v. ShreeveNew Jersey Court of Chancery · 1848
3Cited by11 opinions
- Banco Nacional De Cuba v. Chase Manhattan BankDistrict Court, S.D. New York · 1980
- Sullivan v. DoyleCourt of Appeals of Maryland · 1949
- In Re the Estate of SearlWashington Supreme Court · 1947
- Continental Illinois National Bank and Trust Company of Chicago, as of the Estate of Josephine W. Speth, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 1974
- Abruzzese v. OestrichNew Jersey Superior Court Appellate Division · 1946
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