Lippincott v. Barton
New Jersey Court of Chancery
The executors of a wife cannot maintain a bill against the executors of her husband, who survived her, for waste, in cutting trees on her lands which he occupied as tenant by the curtesy after her death, on the ground of equitable conversion, nor for an account of the proceeds of such trees.
1Opinion of the Court
Bird, V. C.
This bill is filed by the executor of Ann H. Pancoast, deceased, to recover the value of trees cut by her husband David C. Pancoast, who continued in possession as tenant by the curtesy of her lands after her death. The defendants, against whom the suit is instituted, are the executors of the tenant for life. It is claimed that this suit may be maintained in this court for the waste committed, on the ground of equitable conversion, and upon the ground of injustice to Clement G. Lippinoott, one of the grandsons of' David C. Pancoast, by whose will he has but $100 bequeathed him,…
2Cases cited2 opinions
- Winship v. PittsNew York Court of Chancery · 1831
- Watson v. HunterNew York Court of Chancery · 1821
3Cited by1 opinion
- Camden Trust Co. v. HandleNew Jersey Superior Court Appellate Division · 1941