Supreme Court Papers on Appeal

Supreme Court Papers on Appeal

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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. 1881 edition. Excerpt: ...the trustee to satisfy such indebtedness belonged to and was the property of his wife Gertrude. This being so, the trustee had no power to convey such property to proponent or to any other person. (Fols. 1209, 1210.) The evidence tended to establish the theory of contestant that the proponent after his marriage managed the entire estate, both of the trustee and the cestui que trust, and should have been admitted for such purpose. That such investments of interest belonging to the wife in real estate can be followed. Minnear v. Minnear, 4 Lans., 421. 2 Story's Eq. Jur., sec. 1214 et seg. Safford v. Hynds. 89 Barb., 625. Story on Agency, sees. 229, 230. The learned counsel for proponent has urged before the General Term, as well as before the Surrogate, that the deceased had no property but personal, which would all go to her husband in case of intestacy, and that therefore proponent had no motive either to forge a will or to procure one improperly. The evidence excluded was proper and relevant to show that the reverse was true, and that the decedent had an equitable interest in real estate, in which contestant would have an interest, as heir-at-law, it' there were no will. Esq., and Philip Jordan, Esq., of New York, were called, and proved the due execution of the will. Sixth. The Court Erred In Admitting In Evidence The RECORD OF THE ACTION BETWEEN JESSE Peek, PLAINTIFF, AND Eliza Peek And Patrick Callaghan, Defendants. (Fols. 224, 225.) (See proponent's Exhibit No. 1, April 12,1879, pp. 476, etc.) This record was entirely immaterial to any issue in this matter. It was introduced to show litigation between the parties as aftecting the probability ot the decedent disinheriting her only brother and heir-at-law; but the action was not...
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Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236952472
  • 9781236952479