Arnoux v. Steinbrenner
New York Court of Chancery
Arnotjx, together with Steinbrenner and De Grroot, was appointed executor and trustee of the will of Benoit Bonichon, deceased. The complainant alone accepted the executorship.
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Arnotjx, together with Steinbrenner and De Grroot, was appointed executor and trustee of the will of Benoit Bonichon, deceased. The complainant alone accepted the executorship. Afterwards, being sick and wishing to be discharged from the trust under the will, he applied to his co-executors, and to the legatees and cestui que trust under the will, to consent to his discharge from the trust, and that the person principally interested in the property should be appointed trustee in his stead. They all consented except Steinbrenner, who refused because he did not intend to accept the trust, and…
1Opinion of the Court
The Chancellor :—The English practice in cases of this kind appears to be, to require the complainant to bring his cause to a hearing, to get rid of the costs already accrued. (Anonymous, 1 Ves. jun. 140.)
The "practice of the Supreme Court of this state is much more rational, and I am inclined to follow it in this court. *83The practice there is, to allow the executor or administrator to discontinue without costs, where he has brought a wrong action by mistake, or has ascertained that it would be useless to proceed, in consequence of facts subsequently discovered.[1] *(Purdy v. Purdy, 5 Cowen’s…
2Cases cited2 opinions
- Devoy v. BoyerNew York Supreme Court · 1808
- Fowler v. StarrNew York Supreme Court · 1846
3Cited by5 opinions
- Banta v. MarcellusNew York Supreme Court · 1848
- In re BogartNew York Supreme Court · 1882
- Pennell v. WilsonThe Superior Court of New York City · 1867
- Pennell v. WilsonThe Superior Court of New York City · 1864
- Schildwachter v. Mayor of New YorkNew York Court of Common Pleas · 1895