Warner v. Hoffman
New York Court of Chancery
A reference is necessary to the case of Dyett and wife v. The North American Coal Company, 7 Paige’s C. R. 9 and 20 Wendell’s R. 570, for a statement of the facts out of which this suit arose.
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A reference is necessary to the case of Dyett and wife v. The North American Coal Company, 7 Paige’s C. R. 9 and 20 Wendell’s R. 570, for a statement of the facts out of which this suit arose. The complainant, Mr. Henry W. Warner, had a claim of considerable amount for professional services; which, it was alleged, were rendered by him mainly for the preservation of the inheritance of the Dyett estate as well as for the protection of Mr. and Mrs. Dyett’s interests as cestuis que trust; and, consequently, that he was entitled to a decree which should reach the inheritance or fee of the property…
1Opinion of the Court
The Vice-Chancellor :
It is one of the objects of the bill in this cause to have a debt of five thousand two hundred and seventy-two dollars and fourteen cents (decreed to the complainant in a former suit) charged upon the capital of the trust estate; and the payment thereof enforced by writ of execution or in some other way. Leave was granted to the complainant to file a bill for this among other purposes ; and this bill has accordingly* been so filed. But, I think the complainant has failed in establishing it as a debt against the corpus of the estate belonging to the children in remainder.…
2Cases cited2 opinions
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Pratt v. RathbunNew York Court of Chancery · 1838
3Cited by2 opinions
- Dyett v. Central Trust Co.New York Court of Appeals · 1893
- Dyett v. Central Trust Co.New York Supreme Court · 1892