Young v. Brush
New York Court of Appeals
I. Court of Appeals, January, 1864.—Appeal from a judgment. Catharine O. Young hy her will left certain personal property in the city of Héw York, and certain real property in Hew Jersey, to David Brush, as executor in trust for her son, George Young, during his life, with certain limitations over.
Read the full summary
I. Court of Appeals, January, 1864.—Appeal from a judgment. Catharine O. Young hy her will left certain personal property in the city of Héw York, and certain real property in Hew Jersey, to David Brush, as executor in trust for her son, George Young, during his life, with certain limitations over. The will was proved before the surrogate of the city and county of Hew York, who set aside the limitations over. • Some questions were raised, upon the probate, as to the residence of Mrs. Young. The will was subsequently proved in the State of Hew Jersey. After the death of David Brush, the…
1Opinion of the CourtDavies, J.
There is no allegation that the payments disallowed by the referee were not made in good faith by the executor and trustee, and I am at a loss to perceive any substantial reason why they should not be allowed. It is to b e borne in mind that the complaint in this action is in the nature of a proceeding in equity, to call upon the executor and trustee for an account and transfer, and deliver over to the administratrix, with the will annexed, all the estate of the deceased. It is not a proceeding before the surrogate to call him to account as executor solely; and therefore it is that all the…
2Cases cited7 opinions
- Safford v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1828
- Lott v. SwezeyNew York Supreme Court · 1859
- Close v. StuartCourt for the Trial of Impeachments and Correction of Errors · 1829
- Chautauqua County Bank v. . WhiteNew York Court of Appeals · 1861
- Hosack v. RogersNew York Court of Chancery · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Healy v. WostenbergWyoming Supreme Court · 1934
- Carlson v. WintersonNew York Court of Common Pleas · 1895
- Hall v. EmmonsThe Superior Court of New York City · 1871
- People v. CornellNew York Supreme Court · 1909