Roosevelt v. Thurman
New York Court of Chancery
THE plaintiffs, Nicholas Roosevelt, and Elizabeth Gilchrist, wife of Robert Gilchrist, and the defendant, Thurman, are the. nephews and niece of John Thurman, deceased, and his only surviving devisees and heirs at law; and the defendant is the only surviving executor of the last will and testament of John Thurman, who died in 1809. His will was dated in 1769. These were original and cross suits.
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THE plaintiffs, Nicholas Roosevelt, and Elizabeth Gilchrist, wife of Robert Gilchrist, and the defendant, Thurman, are the. nephews and niece of John Thurman, deceased, and his only surviving devisees and heirs at law; and the defendant is the only surviving executor of the last will and testament of John Thurman, who died in 1809. His will was dated in 1769. These were original and cross suits. The bill, in the first cause, was filed against the executor for an account as to his administration of the estate; to settle some questions of law arising on the will; and to obtain a discovery as to…
1Opinion of the Court
The Chancellor.
The last exception taken to the report was disposed of by arrangement between the counsel. It was agreed, on the part of the defendant, Thurman, that the decree should contain a provision, that the assets which might subsequently come to the hands of the defendant, as executor, should be duly accounted for in the course of ad* ministration, and this was all the security required on the part of the plaintiffs. As to the 2d, 3d, and 4th exceptions, they relate to some small matters of account said to have been omitted by the referees; and there is nothing before *226the court to…
2Cited by12 opinions
- Potter v. CouchSupreme Court of the United States · 1891
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Byrd v. OdemSupreme Court of Alabama · 1846
- Hacker v. HackerAppellate Division of the Supreme Court of the State of New York · 1912
- Jones v. Port Huron Engine & Thresher Co.Illinois Supreme Court · 1898
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