James v. M'Kernon
New York Supreme Court
A BILL was filed in the court of chancery, on the 2d December, 1802, by Patrick Connolly, Michael Rawlins and Eleanor his wife, against the appellant and Bernard Connolly, since deceased, as administrator of Michael Connolly deceased.
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A BILL was filed in the court of chancery, on the 2d December, 1802, by Patrick Connolly, Michael Rawlins and Eleanor his wife, against the appellant and Bernard Connolly, since deceased, as administrator of Michael Connolly deceased. J - Michael Connolly died intestate and unmarried, the 10th September, 1799, leaving a personal estate of the value of about 40,000 dollars, to two-fifths of which, Patrick Connolly and Eleanor Connolly, (the wife of Michael Rawlins,) were entitled, as coheirs with Bernard Connolly, John Connolly and Catharine Connolly. The bill alleged, that the appellant and…
1Opinion of the CourtSpencer, J.
(after stating the substance of the pleadings.) In abstracting the proceedings, I have not considered it necessary to state the evidence in the case, but have contented myself with presenting the nature of the bill, its object and prayer, and the defence set up to it, by the appellant’s answer. In my opinion the decree cannot be supported, if the evidence in the cause was over so strong to prove fraud on the part of the appellant j and for this plain reason, that the court cannot afford relief not sought for by the bill, and entertain the question of fraud which is not so much as suggested by…
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