Woodruff v. Cook
New York Court of Chancery
Morris Woodruff died inthe year one thousand eight hundred and seven, seized of the premises now in controversy, consisting of a lot of land, with buildings thereon, situated in Brooklyn. He left a widow and also two children, namely, the complainant and Thomas M. Woodruff, who was a party defendant; and both of whom, at the time of their father’s death, were infants. The eldest was about three years of age.
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Morris Woodruff died inthe year one thousand eight hundred and seven, seized of the premises now in controversy, consisting of a lot of land, with buildings thereon, situated in Brooklyn. He left a widow and also two children, namely, the complainant and Thomas M. Woodruff, who was a party defendant; and both of whom, at the time of their father’s death, were infants. The eldest was about three years of age. The property descended to them as heirs at law, subject to the right of dower of their mother Susannah W. Woodruff, who was likewise nominally a party defendant to this suit. She had…
1Opinion of the Court
The Vice-Chancellor:
As the legal title and estate were in the complainant and his brother at the death of their father, the first question is, whether they were divested of it by the proceedings before the surrogate and the sale which took place thereupon 1
There appears to have been enough presented to the surrogate, in the first instance, to give him jurisdiction. He had before him a petition, in due form, suggesting a deficiency of assets and an account annexed containing items of personal estate and debts ; and the truth or falsehood of the account was immaterial as regarded the question…
2Cases cited1 opinion
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
3Cited by4 opinions
- Elliott v. PellNew York Court of Chancery · 1828
- Griffith v. GriffithNew York Court of Chancery · 1839
- Hartsel v. PeopleSupreme Court of Colorado · 1895
- Schrauth v. Dry Dock Savings BankNew York Court of Common Pleas · 1878