Brown v. Ricketts
New York Court of Chancery
THE bill which was filed by the plaintiff, in behalf himself, and such other legatees of Catharine Brewerton, deceased, as might choose to come in and contribute to the expense of the suit, stated that C. B., on the 5th of June, 1815, made her will, by which she devised all her estate, real and personal, to her executors, in trust, to sell the same, and out of the proceeds of the rents, profits, and sales of the real estate, in the first ward of the city of New-York,…
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THE bill which was filed by the plaintiff, in behalf himself, and such other legatees of Catharine Brewerton, deceased, as might choose to come in and contribute to the expense of the suit, stated that C. B., on the 5th of June, 1815, made her will, by which she devised all her estate, real and personal, to her executors, in trust, to sell the same, and out of the proceeds of the rents, profits, and sales of the real estate, in the first ward of the city of New-York, constituting one separate fund, to pay debts, and funeral expenses, and also, certain legacies which were specified, to near…
1Opinion of the Court
The Chancellor.
1. The first objection made at the hearing is a want of proper parties.
*555It is contended on the part of the defendants, that all the legatees concerned in the fund out of which the 3,500 dollars claimed by the bill is to arise, ought to have been made parties.
This question of parties is frequently perplexing, and difficult to be reduced to rule; but it is stated in the books* that creditors and legatees form exceptions to the general rule, that all persons interested in the fund must be parties. One creditor, or one legatee, may sue on behalf of himself and the rest, and the…
2Cited by24 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Fish v. HowlandNew York Court of Chancery · 1828
- Riggs v. . CraggNew York Court of Appeals · 1882
- West v. RandallU.S. Circuit Court for the District of Rhode Island · 1820
- Thomas Fox v. Saginaw Cnty., Mich.Court of Appeals for the Sixth Circuit · 2023
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