Lawrence v. Lawrence
New York Court of Chancery
' •This was an appeal .from a decree of the vice chancellor of the first circuit, allowing the demurrer of the defendant,, J. L. Lawrence, and dismissing the complainant’s bill as to him, upon the following state of facts, as presented by the bill: Abraham Beach, a citizen of New Jersey, the father of the complainant, died in 1828. He left personal - property in New Jersey, and some in this state, which was disposed of by his will and codicils; and the complainant, and other…
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' •This was an appeal .from a decree of the vice chancellor of the first circuit, allowing the demurrer of the defendant,, J. L. Lawrence, and dismissing the complainant’s bill as to him, upon the following state of facts, as presented by the bill: Abraham Beach, a citizen of New Jersey, the father of the complainant, died in 1828. He left personal - property in New Jersey, and some in this state, which was disposed of by his will and codicils; and the complainant, and other persons not named in the bill in this cause, were entitled to interests in his estate as legatees. Hannah Rattoone, of…
1Opinion of the Court
The Chancellor.
If this- had been a mortgage to the testator, for a debt due Id him, the executrix who had obtained letters testamentary here would, unquestionably, have had. the right to file a bill' in her own name td’foreclose the mortgáge; ' without making her co-executrix, who had only obtained letters testamentary in a sister state, a party. As a general rule, a foreign executor is riot entitled to sue in our courts without *74naving proved the will and taken out letters testamentary thereon from the proper probate court of this state. And where two executors are named in a will, and one of…
2Cases cited1 opinion
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
3Cited by10 opinions
- Johnson v. . WallisNew York Court of Appeals · 1889
- Metcalf v. ClarkNew York Supreme Court · 1864
- Flandrow v. HammondAppellate Division of the Supreme Court of the State of New York · 1897
- Le Fevre v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1899
- Lawrence v. VilaWisconsin Supreme Court · 1866
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