Van Epps v. Van Deusen
New York Court of Chancery
The complainants filed their bill in this cause, in January, 1829, against the defendant, as the sole acting executor of Harpert Van Deusen, the elder, to recover the value of a certain female slave, and the proceeds of a bond which were bequeathed to Mrs. Van Epps, one of the complainants, by her aunt Maritie Witbeck.
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The complainants filed their bill in this cause, in January, 1829, against the defendant, as the sole acting executor of Harpert Van Deusen, the elder, to recover the value of a certain female slave, and the proceeds of a bond which were bequeathed to Mrs. Van Epps, one of the complainants, by her aunt Maritie Witbeck. The complainants alleged, in their bill, that M. Witbeck, who died in 1787, by her will bequeathed to Mrs. Van Epps, then an infant, a female slave named Ann, together with the money due on a bond held by the testatrix, against M. Van Deusen, the grandfather of the defendant,…
1Opinion of the Court
The Chancellor.
From the testimony in this case, there is very little doubt that Harpert Van Deusen, the elder, ^between 40 and 50 years since, received a certain sum of mon*71ey, the precise amount of which cannot now be ascertained, and that this money then belonged to his infant daughter. It also appears that he took home the black girl, after the expiration of her indenture, in 1797, and had the benefit of her services until her death. Although, as the mere guardian by nature, he had no right to receive the money due on the bond, or to receive the services of the slave, yet this court will…
2Cited by46 opinions
- Hipp v. BabinSupreme Court of the United States · 1857
- Westervelt v. . GreggNew York Court of Appeals · 1854
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Kidd v. DennisonNew York Supreme Court · 1849
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
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