Legal Opinion

Goodrich v. Pendleton

New York Court of Chancery

Decided June 30, 1818PublishedCited by 9 opinions

PHINE&S MILLER, of Georgia, made his will, the 11th of December, 1797, appointing Decius Wadsworth, Samuel Kellock, and his wife, Catharine Miller, his executors, and died the 7th of December, 1803.. The two executors first named declined to act, and the • executrix administered, but did not take out any letters testamentary in this state.

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PHINE&S MILLER, of Georgia, made his will, the 11th of December, 1797, appointing Decius Wadsworth, Samuel Kellock, and his wife, Catharine Miller, his executors, and died the 7th of December, 1803.. The two executors first named declined to act, and the • executrix administered, but did not take out any letters testamentary in this state. At the time of his death, the testator was a creditor of the United States to forty thousand dollars, and upwards, on a contract made for supplying the United States, with ship timber. Some controversy having arisen between the executrix and the United…

1Opinion of the Court

The Chancellor.

This plea, with its attendant answer, is insufficient.

1. In the first place, it is multifarious, and contains distinct points. It states that the cause of action did not arise within six years, and that the plaintiff was barred by the statute of limitations; it also states, that the sole acting executrix of Phineas Miller, deceased, made her will, and appointed her daughter, Louisa Shaw, executor, and that the daughter bad proved the will. This last point seems to be wholly unconnected with any fact forming the plea *388of the statute; if it meant any thing, it meant that the…

2Cited by9 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Chapin v. . ThompsonNew York Court of Appeals · 1882
  3. Robison v. RobisonNew York Supreme Court · 1871
  4. Noyes v. WillardU.S. Circuit Court for the District of Louisiana · 1871
  5. Gatling v. NewellIndiana Supreme Court · 1859

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