Legal Opinion

Evertson v. Ogden

New York Court of Chancery

Decided April 7, 1840PublishedCited by 2 opinions

This was a plea to a bill of revivor. The original bill was against Eliza Evertson, as executrix of Nicholas Evertson deceased, to reach certain property which she had received as such executrix, hut without right, and which in equity belonged to the complainants. And a decree was thereupon made for an account, to ascertain what had been received by her on the bonds and mortgages in which the complainants had an interest, and what still remained due thereon.

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This was a plea to a bill of revivor. The original bill was against Eliza Evertson, as executrix of Nicholas Evertson deceased, to reach certain property which she had received as such executrix, hut without right, and which in equity belonged to the complainants. And a decree was thereupon made for an account, to ascertain what had been received by her on the bonds and mortgages in which the complainants had an interest, and what still remained due thereon. In this situation of the suit she died, and this bill was thereupon filed against D. B. Ogden, the surviving executor of N. Evertson,…

1Opinion of the Court

The Chancellor.

I am satisfied from the case as made by the bill itself, that this is not a case for a simple bill of revivor, against one of the original executors of N. Evertson who was not made a party to the former suit. If the estate of N. Evertson must be represented in these further proceedings, (as it probably must, to reach that part of the mortgages which had not been collected at the time of the decree,) the surviving executor upon whom the interest assigned to her has devolved, if it remained in her hands when she died, must be brought before the court by an original bill in the…

2Cited by2 opinions

  1. Mason v. JonesNew York Supreme Court · 1848
  2. Taylor v. CarpenterNew York Court of Chancery · 1846

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