Mason v. Codwise
New York Court of Chancery
THE master, who, under the decretal order in this case, (vide ante, p. 183, S. C.) had proceeded to liquidate the amount of charges and costs against the estate of the testator, to be deducted from the fund under the control of the Court, prior to an apportionment among the creditors, reported, that in liquidating such costs and charges, a question had been raised on behalf of the representatives of Samuel JYicholl, who had obtained a report of a debt due to them in this…
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THE master, who, under the decretal order in this case, (vide ante, p. 183, S. C.) had proceeded to liquidate the amount of charges and costs against the estate of the testator, to be deducted from the fund under the control of the Court, prior to an apportionment among the creditors, reported, that in liquidating such costs and charges, a question had been raised on behalf of the representatives of Samuel JYicholl, who had obtained a report of a debt due to them in this cause, touching a portion of the costs accrued on proving their debt. By the order of the 1st of July last, they were not…
1Opinion of the Court
The Chancellor.
When the order of the 1st of July was made, it was upon the special circumstances of the case, though it was then understood to be the English rule, in ordinary cases, to make the creditor, who is not a party to the suit, and who comes in to prove his debt before the master, prove it at his own expense. The case of Abell v. Screech, (10 Vesey, 355.) is certainly not a strong case on the point. The motion to allow the creditor, who proved before the master, his costs out of the fund, was simply denied; and, at first, Lord Eldon thought the claim reasonable, but, afterwards, when…
2Cases cited1 opinion
- Thompson v. BrownNew York Court of Chancery · 1820
3Cited by3 opinions
- Grimball v. CruseSupreme Court of Alabama · 1881
- Ex parte PlittU.S. Circuit Court for the District of Eastern Pennsylvania · 1853
- Chick v. Northwestern Shoe Co.U.S. Circuit Court for the Northern District of Illnois · 1895