Whitney v. Monro

Decided January 15, 1839

New York Court of Chancery · decided 1839-01-15

Mrs. Margaret Monro died in the month of March, one thousand eight hundred and thirty-seven, seized of real and personal property. And, .under her will, the defendants, Henry Monro and John W. Monro, and the plaintiff, Asa Whitney, (who had married her daughter,) qualified as executors.

Cited by 1 later decisions — most recently July 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1839-01-15

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The Vice Chancellor:

¶1The surrogate had full power by the revised statutes, and by the act concerning the surrogate’s courts, passed May 16,1837, § 61, to do whatever may be necessary to prevent waste of the estate; and in this instance, the surrogate of New York having exercised his authority as far as he deemed it necessary or proper, it is not for this court farther to interfere with the authority of the executors. Even if the court of chancery has concurrent jurisdiction, there are not such special circumstances in this case as to call for this court’s interposition after what has taken place.

¶2This injunction must be dissolved. Costs to abide the event.