Elsworth v. Hinton
New York Supreme Court
Henry Elsworth and another, executors of the will of Edward Elsworth, filed a complaint against Mrs. Sarah Hinton and others, beneficiaries under the will of Edward Elsworth, deceased, for an account of their testator’s transactions as trustee under the will of Henry Elsworth, deceased. The accounting was decreed, and a reference ordered.
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Henry Elsworth and another, executors of the will of Edward Elsworth, filed a complaint against Mrs. Sarah Hinton and others, beneficiaries under the will of Edward Elsworth, deceased, for an account of their testator’s transactions as trustee under the will of Henry Elsworth, deceased. The accounting was decreed, and a reference ordered. Defendants move that plaintiffs be required to produce before the referee all books and papers in their possession relating to the trusteeship. For former report, see 4 ÍT. T. Supp. 573.
1Opinion of the CourtAndrews, J.
There can be no doubt that the court has the power to require plaintiffs to produce their books of account for inspection, upon the accounting which is now pending before the referee. The court of chancery always had such powers, and it is now expressly conferred upon the court, and upon a referee authorized to hear testimony, by section 867 of the Code. The accounting is a part, and a very important part, of the trial, and is had before the referee merely because that method of procedure is more convenient for litigants and the court. Whether the books should actually be deposited and left…
2Cited by1 opinion
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