Legal Opinion

Hogan v. De Peyster

New York Supreme Court

Decided May 7, 1855PublishedCited by 5 opinions

IN EQUITY. This suit was originally commenced in the late court of chancery. The bill was filed to recover of the defendant as administrator and trustee, the difference between what certain bank stock actually sold for, and what it should have been sold for by the defendant, in the performance of his duty as administrator ad colligendum, administrator with the will annexed, and as trustee, John Clendenning died, leaving a will, and a large estate and family, and the…

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IN EQUITY. This suit was originally commenced in the late court of chancery. The bill was filed to recover of the defendant as administrator and trustee, the difference between what certain bank stock actually sold for, and what it should have been sold for by the defendant, in the performance of his duty as administrator ad colligendum, administrator with the will annexed, and as trustee, John Clendenning died, leaving a will, and a large estate and family, and the defendant, Frederick Be Peyster, was appointed, first, administrator ad colligendum, and afterwards administrator with the will…

1Opinion of the Court

By the Court, Mitchell, P. J.

The testator made his will in 1829, and died January 28,1836. On the 4th of February, 1837, the defendant was appointed administrator with the will annexed. The testator, at his decease, held 1000 shares, of $100 each, in the stock of the Bank of the United States—the National institution. The charter of that bank expired on the 4th of March, 1836. On the 18th of February 1836 the state of Pennsylvania chartered “ The United States Bank,” the institution of that state. This last institution was intended to take the place of the former, and it was generally…

2Cases cited1 opinion

  1. Ackerman v. EmottNew York Supreme Court · 1848

3Cited by5 opinions

  1. Duncklee v. ButlerNew York Supreme Court · 1899
  2. Jones v. JonesNew York Supreme Court · 1888
  3. In re the Accounting of ElyNew York Surrogate's Court · 1959
  4. McCullough's Executors v. McCulloughNew Jersey Court of Chancery · 1888
  5. In re the accounting of GreenNew Jersey Superior Court Appellate Division · 1883

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