Cummings v. Banks
New York Supreme Court
In Equity. The plaintiffs, residents in England, were the residuary legatees under the will of Hugh Gray McPherson, who died in the island of Jamaica on the 22d of March, 1835, of which will Robert Watt of that island, and others, were nominated executors.
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In Equity. The plaintiffs, residents in England, were the residuary legatees under the will of Hugh Gray McPherson, who died in the island of Jamaica on the 22d of March, 1835, of which will Robert Watt of that island, and others, were nominated executors. Watt alone qualified as executor and filed his inventory, which showed the property left by the testator to amount to $45,748,36. The testator, in his will, directed that all moneys due to him should be funded in the United States, Great Britain, or Jamaica; instead of which Watt used the money in his business as a merchant, so that when he…
1Opinion of the CourtEdmonds, J.
It is not questioned, in this suit, that the high court of chancery in Jamaica had jurisdiction over the cause, the thing, and the parties, in the suit which these plaintiffs instituted there. The question therefore is as to the effect to be given here, to the decree which it pronounced thus within the scope of its lawful authority. If the judgment was in rem, it is well settled, that when pronounced in the forum rei sites, it is of universal obligation as to all the matters of right and title which it professes to decide in relation thereto. And by the general consent of nations it is held…
2Cases cited2 opinions
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3Cited by5 opinions
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