The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-29

CHAs. o. LEIGH,
Grand Jury Rooms, April IS 1851
Supreme COurt-In Equity.
Before Judge King
Arm 25.-Done J. CdrroArs. Charles H. Carroll and
o0s-lhe bill in this cause was filed in 1916, by the
plaintiff against cfendans for account Of the real
and personal estate Of Charles Carroll deceased, the
father Of plaintiff and defendant; and after making
variety Of Legations therein against defendant in rea
ton to his management Of his fathers estate in his
character of executor said bill PRAYED amongst other
things that the said Charles H. Carroll might be removed
from that Office and that suitable person might be ap
pointed receiver Of the personal property and effects
and Of the rents and profits Of the real estate of the
tator To this bill the defendant demurred for want of
proper parties Upon argument the court allowed the
plaintiff to amend upon which amended sup
Elemental bill fled and all necessary parties brought
before TIE court; after which, defendant interposed
informality &c The principal ground. however, upon
which he relied the statute Of simations On or
abou. the 10th December last the came on to be
argued before Mr. Justice Edmonds when the demurrer
ovcrruled with costs and the defendant ordered to
in twenty days No answer, however, has been
fled and defendant has applied for and obtained
order for rehearng at the February general term Of
the court but Notwithstanding the defendant as the
plaintiff alleges has neglected TO proceed to reheariDg
1Ee plaintiff tho 18th March presented his petition
setting forth the facts above stated and further that
inventory Of the estate Of his father has been filed by the
executor although twenty have elapsed
since the defendant Charles H. Carroll assumed the duties
OF executor; has any settlement been made
rendered by him such executor, of said trust
The petitioner then goes to state that the defendant
made safes Of various parts Of the teators real state
in the counties Of Livingston and Monroe in this State
and in the State Of Maryand District Of Columbia and
in various other places to the amount Of upwards Of
$4,000 exclusive of various other sums which he re-
ceved through other for Of which he has
given any satisfactory account and amongst the
that be executed mortgages to the Farmers Loan and
Trust Company and to the North American Trust and
Banking Company, for large sums which he received,
and for which he has not accounted and also that the
petitioner heard and believes that he Mt different tines
permitted large amount If valuable property in the
city Of Rochester, which formerly belonged t. the estate
Of said Charles Carroll to be sold for taxes The
and mot nuriou. delay which has already occurred in
the settlement Of his fathers ertatc Of the total neglect
OF the executor to Tile an inventory and of the IMPROVE
dent and Illegal manner in which he managed the estate
Of the said tetator and the unequitabe defence set up
by him, in this suit the petitioner satisfied II was
uaie TO leave him longer in possession OF the property
and therefore PRAYED that the sad Charles Carroll
might IL epjoiIed and restrained by this Court from
collecting or receiving the rents and income OF the
e,tste and from incrmeddlng with. selling, mort
rngiDg leasing or making any other disposition Of the
zeal estate which belonged to the tesator and from
collecting receiving parting with 81 the personal
c.tatc Ct said testator in his hand within his con-
ro and from doing any other act thing TO the pre-
judicc Of petitioner and that suitable person might
IL appointed by this Court to be receiver Of the real
and personal cstatc and the rents profits, ani income
thereof &c &c.
benjamin y Butler Esq on behalf Of the plaintiff.
opened the lie said the testator Charles Carroll
died in Is5 seized q ,ely large real estate in the
states 81 New York Maryland District Of Columbia anu
Es.tucky ihat previous u his death he made his viii,
whereby after making certain bequcss T. hi widow lac
devised the remainder his estate hi children
Al which the plaintiff il subject a. the payment of
his debts and appointed the defendant bis executor for
- a. r,,,ir . - = ~, ~, mi al f,ia
80, - 80, H., ~. -, ~ -, i, 1871 ,nJ
that letters documentary were Issued t. the executor
TT, ~ ~ ,,,, \, nj 90 ~ I'm, c,bsr I'm, ann
- 81 !, ~ s.,,, q, ~, -, a., ., a. afIr, ~ ~,
Igi ,,,r III 4 a,y i,ya,,,,y ns ly l,y n. wa bounl
~ in, h,, ,n tgru, ~ tat ih,t tl,e lts duc Ly
Wtator amounted 10 about $4,000 aud contained yari-
,r,u,rtS I,5 ,,,i a,d n'r.n,ri sonstti1y al banls
n,c,,,,sy,s .r ard ~ AZ. 40. 49, ogf,y IL tsatoe
at 40 -, a IL .,.,d.tt ,,ed, ssts N t,,,e tract
~ -, 80, 80 ~ ssaie ~ 80 t.sf.,ar h. ta
T.rn1,. o,t ,s Trrs, Crnt-x a. IA ey ami that
~ he time n, In. Ion II wa onnece ,ry f,r
- 49, - ,,r,,,.' 80, ttc, ,,r.@,fs 49, if,,.,r6 IN.
cs flh etf4n.Sction and sll,rs th9t the Far.
,.r. ~, rs s,y,..t C.,,r,, lad d. notice that he
.tt,.,t b.d ,,,v.t f,, III. 49, -, ~ h. f,h.r,s ~.
tate ID Client a. ray IN an debit against H.
AZ utr ur,t ar Il, state tLa4 In tba s,n,. ,.,r he
rafl ham. ffo otL,r cen,ra,.es IN h ipa yilual ca
rs,t ,hj,h m, aio iiprcat he'd anon the :, ne rrounis
ara a.. iise allegation that ~ ep,trp. h,I motto.
that Their, was M necessity fr the loans The object
M tha lin ,al n, r,tlr, u,s 10 olst tho ,ecesspry
account sfd "a seart,in iba RIGHTS a. All PARTIES unaer
ms viii spd ~ M, lnry a. tho relief .a,ubt au in.
Gtf,att attfar,d and irtcrtss.d demurrer ia want
of ryftits Tlr court efe r,eif allowed tho bu 10 be-
sfnrndod and the rrttr rariies brought before the
court. ton With anuhrr demurrer va. iuterpaard in
which lie ct up technical objection tie prurlp,l
ground how ever upou which d. relied Va, the statute
~ lnat ma and H. n ill.,, upon that mart ~ tn .ttute
which antilles TO e,Iuty !. well NJ u cofann law The
ease vrE arrred IL Duc.t pler las. before Mr. Justice
I,ucut. m demurrer ~. oy,rfuieJ ANA tho a.
tndatt ordered L. answer The defendant then Ar.
i.a f,r rebearirr anu tainti conn III ppasrtd AMI
Nur,st.d III r,nars.. H. rr,cr, al ,,nre to have the
en.o r,be,,a lie .f,,t,,,ts c,Inse bgwayr r,fusea
te ornn iA,t Tho M. a. ~. couy All not nfliye
bn until ia. Ma, gsn.,s t,,,n ~ The court
Mr. lu,i,r tho preceded % say that the defendant
49,, -, =, 49, ~, .,o.r III ~ ~, ., M So
t,rs estate Nr GutI,r tb,n preceded To dctaI the