Hoffman v. Tredwell
New York Court of Chancery
The bill in this cause was filed for the partition of real estate and for an account and payment of the complainant’s share of the rents and profits.
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The bill in this cause was filed for the partition of real estate and for an account and payment of the complainant’s share of the rents and profits. After the cause was in readiness for hearing upon the pleadings and proofs as to a part of the defendants, and upon the bill taken as confessed as to others, the sole complainant died iptestate, E. H. Hoffman, her heiress at law, thereupon presented a petition to the vice chancellor, praying that the suit might be revived in the name of the petitioner as complainant. The vice chancellor, upon hearing the parties, made an order for the revival of…
1Opinion of the Court
The Chancellor.
Previous to the death of the complainant, the right to prosecute the suit for a partition of the land, and the right to an account and payment of her share of the rents and profits which had been received by one of the defendants exclusively, belonged to one and the same person, and might therefore be properly joined in the same bill. But upon her death the right to the rents and profits previously accrued was cast upon her personal representative, for the benefit of creditors or distributees; and the right to a partition of the land, and to the future rents and profits merely,…
2Cited by3 opinions
- Zalewski v. Zalewski, New York County Courts1922
- Cheney v. RankinNew York Supreme Court · 1899
- Hitchcock v. SkinnerNew York Court of Chancery · 1839