Legal Opinion

Malin v. Malin

New York Court of Chancery

Decided November 14, 1816PublishedCited by 5 opinions

[ * 239 ] THE bill stated, that a religious society was formed at Jerusalem, in the county of Ontario, denominated “ The Society of Universal Friends,” of which Jemima Wilkinson was the founder and head.

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[ * 239 ] THE bill stated, that a religious society was formed at Jerusalem, in the county of Ontario, denominated “ The Society of Universal Friends,” of which Jemima Wilkinson was the founder and head. That for the support of Jemima, and the poor of the society, she purchased, on the 5th of January, 1792, certain lands, in the bill described, and paid the purchase money, and that, as a rule of the society forbade any estate being vested in her, she nominated one of her followers, by the name of Sarah Richards, to be her trustee, and the deed was taken in the name of the *said Sarah, without…

1Opinion of the Court

The Chancellor.

[ * 240 ]

As Jemima Wilkinson is the cestui que trust of the lands in question, from the showing in the bill, and the present plaintiff is but a mere nominal trustee, it is indispensable that she should be made a party, to entitle her to relief. The ease of Kirk v. Clark (Prec. in Ch. 275.) is precisely to the point; and the same rule was declared in Adams v. St. Ledger, (1 Ball & Beatty, 181.) The cause must, therefore, go off, to the end that the cestui que trust be made a party. In the case of Kirk v. Clark, the objection was taken, as in this case, at the hearing, *and the…

2Cited by5 opinions

  1. Plympton v. HallSupreme Court of Minnesota · 1893
  2. Moore v. FlaggAppellate Division of the Supreme Court of the State of New York · 1910
  3. Piatt v. OliverU.S. Circuit Court for the District of Ohio · 1840
  4. Collins v. Lofftus & Co.Supreme Court of Virginia · 1839
  5. Buck v. Pennybacker's ex'orsSupreme Court of Virginia · 1832

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