Haughian v. Conlon
New York Supreme Court
¡Suit to require the executors of the last will of Charles P. Haughian to account, and to appoint a receiver of the estate instead of such executors, the executors being charged with neglect and waste. The executors have nothing to do with the real estate of the deceased by the will.
1Opinion of the Court
Gaynor, J.:
A motion was made to dismiss the complaint after the opening of counsel for the plaintiff, and denied with hesitation. The testimony on the plaintiff’s side was then taken on the allegations of the complaint of neglect and misconduct against the defendants, and to enable the plaintiff to show some special reason *585for this court to hold jurisdiction of the case. This latter is not to be taken as a precedent in practice, for where the complaint shows no such special reason, evidence should not be taken on that head. At the close a finding was made that there was no such neglect or…
2Cases cited8 opinions
- Chipman v. . MontgomeryNew York Court of Appeals · 1875
- Wager v. . WagerNew York Court of Appeals · 1882
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- Strong v. StrongNew York Supreme Court · 1895
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