Reilly v. Porcher
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Queens, county. Bill by John Reilly, as executor of Jacob Michel, deceased, and in his own right, against Emma Porcher, impleaded with others. From a judgment sustaining a demurrer to the bill, plaintiff appeals. Affirmed.
1Opinion of the CourtHatch, J.
The present action has the merit of novelty, if it has no other. It seeks to invoke the aid of the equitable powers of this court to compel an attorney to pay over moneys which he has received for the executors of an estate, and to perpetually enjoin the enforcement of a decree of the surrogate’s court of the county of Queens, which directs the payment over of the moneys of the estate, with which the executors are properly. chargeable,, to the persons entitled thereto. It further asks for the construction *663of a certain agreement of indemnity executed by those entitled to distributive shares in…
2Cases cited1 opinion
- St. John v. McKeeNew York Surrogate's Court · 1883
3Cited by1 opinion
- In Re MildSupreme Court of New Jersey · 1957