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3 Johns. Ch. 48

Boyd & Wickham v. Murray

New York Court of Chancery

Decided October 7, 1817

New York Court of Chancery · decided 1817-10-07

THE bill charged that Jacob Watson, by will, appointed • John Murray one of his executors, and who alone acted. That he left a large real and personal estate, and gave the executors powers and directions relative to the distribution of the estate. That the executor confounded the estate with his own, and made no dividends or distribution.

Cited by 1 later decisions — most recently January 1850

Good law ✅— No negative treatment on recordhow we know

Decided 1817-10-07

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The Chancellor.

¶1The appointment of a receiver is quite a distinct question from that of an injunction. The cases cited principally relate to a receiver under such circumstances. Á receiver can act. He is a substituted trustee. But after injunction no person can act, and what *49ure to become of the rights of other legatees, and of debtors and creditors? They cannot demand, or receive, or pay, for there is no representative of the estate. The power of the executor is wholly suspended. Such an extraordinary measure as an injunction, in the first instance, going to the whole power of the executor, seems not to be conformable to precedents, and might be very injurious.

¶2Motion denied.

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