New Jersey Equity Reports Volume 39

New Jersey Equity Reports Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... the method of procedure adopted in the present case, it may be said that probably the better practice in dealing with a partial account, in which an error is alleged to exist, is to attack it directly by a rule to set it aside in respect to the matter complained of. This has the advantage of directness, and in bringing into court parties who may have been interested in the first, but have no interest in the last account. Such parties, for instance, are deceased or discharged executors, or trustees who have settled their account as joint trustees with those still surviving. Where, however, the parties to both accounts are identical, there is no apparent reason why the court cannot deal with an error in the first account whenever there are exceptions filed to the last account, clearly pointing out the error alleged to exist in the earlier account. All parties have notice, and so have the opportunity to bc heard. Now, this is the position of afi'airs in the present cause, with the exception of the first account in the year 1875. In regard to that account, it appears that one of the joint trustees who was interested in that account is dead. It appears, however, that the exceptions filed to the last account do not attack his share of the commissions. The decree of the orphans court opening the account, in regard to the allowance of commissions therein made, was correct, inasmuch as a large part of the excessive allowance was paid or retained by those who are settling this account. As to them the 'court can, in resettling the account, adjust the allowance of commissions to the statutory scale. As to the deceased trustee, neither under the exceptions nor in the absence of notice to his representatives can the court affect his share of more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236807839
  • 9781236807830