Legal Opinion

Carey v. Roosevelt

U.S. Circuit Court for the District of Southern New York

Decided December 30, 1898Published

In Equity. This was a suit in equity by George O. Carey, as trustee, etc., against John E. Roosevelt and others, as trustees and legatees under the will of Amos Cotting, deceased, to enforce payment of a judgment previously rendered against the administrators c. t. a. of said Cotting’s estate. On final hearing.

1Opinion of the Court

WHEELER, District Judge.

This suit is brought against the administrators with the will annexed of Amos Cotting, and trustees and beneficiaries, to reach assets in the hands of the trustees for satisfaction of a judgment of $6,221.90 against the administrators. The defendant John E. Roosevelt is the active and managing one of the two administrators, and also of the two trustees, with the assent of the others, respectively; and the defendant Katie T. Schermerhorn is the other of the two administrators, and one of the beneficiaries. The administrators settled their accounts, and transferred the…

2Cases cited4 opinions

  1. McLaughlin v. Bank of PotomacSupreme Court of the United States · 1849
  2. Telfair v. Stead's ExecutorsSupreme Court of the United States · 1805
  3. Carey v. RooseveltU.S. Circuit Court for the District of Southern New York · 1897
  4. Carey v. RooseveltU.S. Circuit Court for the District of Southern New York · 1897

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