White v. Buloid
New York Court of Chancery
This was an appeal from the decision of the vice chancellor of the first circuit. The complainant was the only executrix of Charles White deceased who had obtained probate of the will ; and the bill was filed by her to reach certain funds, the proceeds of his estate, which the complainant claimed on account of a debt alleged to 'be due to her from the decedent.
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This was an appeal from the decision of the vice chancellor of the first circuit. The complainant was the only executrix of Charles White deceased who had obtained probate of the will ; and the bill was filed by her to reach certain funds, the proceeds of his estate, which the complainant claimed on account of a debt alleged to 'be due to her from the decedent. Some of the defendants appeared and answered ; and the cause being at issue, the parties had commenccd taking testimony therein when the sole complainant died. Mrs. Buloid, one of the defendants, as surviving exec-, utrix of C. White,…
1Opinion of the Court
The Chancellor.
I havé some doubts as .to the regularity of bringing on this appeal without notice to the defendants who. had appeared in the suit before the vice chancellor. Although they had no notice of the • application to the judge a quo, yet they have ,an interest in the question, and will be affected by the order of the chancellor if the decision if "the vice. chancellor is reversed. But as the result must" be the same, and the decision on this appeal will not 'be considered res adjudícala against them, if they think proper hereafter to discuss the same questions, I shall proceed to…
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