Isenhart v. Brown
New York Court of Chancery
For a statement of this case, the reader is referred to 1st vol. page 411. - It now came up again on exceptions to the master’s report, upon the reference had by virtue of the decretal order before made.
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For a statement of this case, the reader is referred to 1st vol. page 411. - It now came up again on exceptions to the master’s report, upon the reference had by virtue of the decretal order before made. The master reported, amongst other things, that Hachaliah Brown had in his hands belonging to the estate, including interest charged to him, six thousand two hundred and eighty-seven dollars and ninety-two cents ; that three bonds of five hundred dollars each, executed by Gilbert Brown, one to the sister, another to the son and the third to the mother of Hachaliah Brown ought not to be…
1Opinion of the Court
The Vice-Chancellor:
1. As to the exception taken by the widow Elizabeth Brown. This relates to the costs, counsel fees and expenses of the action of trover brought by the executor against the widow, amounting to one hundred and forty-three dollars and eighty-two cents. The executor failed in the action; and the master has allowed it to be charged against the estate. It appears to me it ought not to be so charged.
Although, in strictness of law, the executor had a right to the possession of all the personal property left by the testator and the widow could not take what was specifically…
2Cited by9 opinions
- In re the Judicial Settlement of the Account of RandellNew York Surrogate's Court · 1889
- Harrington v. LibbyNew York Court of Common Pleas · 1875
- In re James' EstateNew York Supreme Court · 1894
- In re the Estate of AmanNew York Surrogate's Court · 1938
- In re the Judicial Settlement of the Accounts of ButterfieldNew York Supreme Court · 1894
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