The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-01
In CiAancery.

Before the Vice Chancellor Of the First Circuit
Nov. sO-john Whtbeck rs Herman Leroy Edger, I'D.
minisfroor Of Nm Edgar, senior In this case sp-
that the Sd of January 1909 one Rob L. Bovine,
being the owner OF about a. of land situate at
Bloomngd the i2,h Ward the city of New York.
executed mortgage upon II TO William Edgsr Senior,
to secure the pay ment $40 years from
date. William Edgar Senior died the ist Of November
1870, having made his will add appointed certain
tors therein namei. Robert L. BOVINE the mortgsror
died on the aIst day Of June sa leaving lin surviving
Naomi Bovine his widow and nine children, his heirs
at law who became on tho death oil Robert L. Bovine,
seized OF the premises in question VIM. Edgar Junior
the sole acting executor OF VIM Edgar Senior. died on
the 7h of August 1929 having made his will and OPP
Herman lie Roy Junior his executors. The executors
Of VIM Edgar Junisr on the 18th Of February, 1928,
but omitted in their bill 10 make several Of the children
Of Robert L. BOVINE parties TO that tuit On the LIST oil
which prohibit executor Of an executor from admin
isering upon the estate OF the first testaor by which II
is claimed by the present complainant, that the suit
foreclose the BOVINE mortgage became extinct On the
26h day Of December 1885, Hartman LIE Roy Edgar,
Senis non Of he estate Of William Edgar senior and
in the year 1885 he applied er pae to the court Of
the executors of VIM. Edgar, junior which leave was
granted Matters remained In this way. until the Sth OF
Bow me- and who had purchased number Of the shares
OF his brothers and sisters in the premises at Blooming
unto BENJAMIN. waIa4op 10 secure the PAYMENT Of The
sum of $4,000, which mortgage was afterwards assisned
to the complainant Whitbeck, who, after he became tho
Roy Edgar Snd him notice Of his clsi and guest;
ed Edgar make him party to the Rrst suit which had
been for the foreclosure Of these premises
This Edgar omitted to do, and then Whitbeck died the
present bill against Edgar and others, claiming that the
old mortgage, executed in 1900, by Robert L. BOVINE to
VIM Edgar senior, had been fully paid OF and satisfied
in the life time of Edgar that Robert L. Bovine in his
life time placed in Edgsr hands certain collateral
rites for the purpose Of relieving and dscharging the
lands at BoominKdale from the lien OF the $40 600 mort
gsge and in .atsfacton Of the claim evidenced by that
mortgage Whitbecks bill claims that VIM Edgar senior
in his time, and VIM. Edgar, junior, in his Lifetime.
collected and received Of those collateral securities
their careesness and negligence permitted them to be
lost and wasted, moro than sufficient to pay on the
Robert L. Bovine mortgage. The defendant, Herman
Le Roy Edgar, demuTred to Whitbeck's bill, on the
ground that such bill could not be led whilst Edgar's
suit for the foreclosure of prior mortgage upon the
same premises was pending which demurrer now
came for argument Rowland and Chase OF counsel
for complainant Hon A. l.. Robertson Assistant Vice
Chancellor, of counsel for defendant Edgar
Could Banks e. Co The american Tract Society,"
The plaintiffs in this cause obtained Injunction to
strain defendants from building In the Of their
premises in Nassau street. The injunction after
wards dissolved by ex-Vice Chancellor McCoup. The
plaintiffs preferred petition to tho present Vice Chan
cellor for rehearng. The case came up yesterday,
and argued by Mr. E. sanford for plaintiffs and by
Messrs Holden and Bdwell, for defendants Judgment
| postponed.