Drexel v. Berney

Citations

• 122 U.S. 241
• 7 S. Ct. 1200
• 30 L. Ed. 1219
• 1887 U.S. LEXIS 2105

Syllabus

<p>In order to justify a resort to a court of equity for the enforcement of an equitable estoppel, some ground of equity, other than the estoppel itself, must be shown whereby the party entitled to the benefit of it is prevented from making it available in a court of law; and, that it must be made to appear that forms of law are being used to defeat that which, in equity, constitutes the right.</p> <p>When in a suit in equity brought to restrain the respondent from enforcing against the complainant in an .action at law a demand against which the complainant claims to have an equitable defence which is set forth in the bill, it appears to be altogether uncertain whether the complainant can avail himself in the action at law of the defence asserted in the bill,' the bill should not be dismissed upon general demurrer, but the respondent should be required to answer.</p> <p>B., a citizen of the United States, died in France, having in Europe, lodged with bankers in London and elsewhere, a large amount of personal securities. He left a will naming his widow, his brother J. of Alabama, one S., a citizen of France, and others as executrix and executors. With the knowledge and consent of the widow and of the other' parties interested J. caused the will to be admitted to probate in Alabama, obtained a decree that the decedent was domiciled there, and letters' testamentary were issued to J. only. The Surrogate of New York, upon this probate, .issued ancillary letters testamentary to J.; and, under the. same probate, S., likewise with the widow’s consent, received a power of attorney from J. as executor to take possession of the property in Europe and administer upon the estate there. In pursuance of this authority lie, in company with the widow, proved the will in common form in England and took out letters testamentary there in the name Of himself and the widow, and took possession of the property, among which were registered bonds of the United States to a large amount. The