Cutting v. Lincoln
New York Supreme Court
Walter L. Cutting, committee, brought this action against Patty Lincoln and others. . In 1845, the plaintiff was appointed by the late court of chancery, committee of the estate of Elijah Whiting, in the State of New York, said Whiting having been adjudged to be a lunatic, and being a resident of Norfolk county, Massachusetts.
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Walter L. Cutting, committee, brought this action against Patty Lincoln and others. . In 1845, the plaintiff was appointed by the late court of chancery, committee of the estate of Elijah Whiting, in the State of New York, said Whiting having been adjudged to be a lunatic, and being a resident of Norfolk county, Massachusetts. Whiting died in Massachusetts, on January 19, 1869, and William S. Batchelor, one of the defendants herein, was duly appointed administrator of his estate, and requested that the plaintiff account with him in respect of the part of said estate in his hands, part of…
1Opinion of the Court
The opinion of the referee is as follows :
The complaint sets out the facts and also the views of the plaintiff as to the distribution of the funds in his hands. He claims that after making the proper deductions, “ so much thereof as is proceeds of the real estate so sold during the lunacy of this lunatic will pass and belong to persons who, by the law of this. State, would have inherited the said real estate, if it had ' remained unsold, and the remainder thereof will pass and belong to the personal representatives of the said lunatic.”
As to the income, plaintiff claims that the income of *438all…
2Cases cited4 opinions
- In re SalisburyNew York Court of Chancery · 1818
- United States v. PalmerSupreme Court of the United States · 1818
- Sweezy v. ThayerThe Superior Court of New York City · 1852
- Robinson v. McGregorNew York Supreme Court · 1853