Dunn v. Chamber
New York Supreme Court
In Equity. On the 24th of November, 1821, John Moore made and published in due form of law his last will and testament, wherein he devised to his two grandchildren, the plaintiff and defendant, the house and lot then occupied by him in South Pearl-street in the city of Albany, in the following terms: “ the yearly income and profits thereof for twenty years after my decease, subject to the payment to my executors of twenty-five dollars annually for the support of my daughter…
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In Equity. On the 24th of November, 1821, John Moore made and published in due form of law his last will and testament, wherein he devised to his two grandchildren, the plaintiff and defendant, the house and lot then occupied by him in South Pearl-street in the city of Albany, in the following terms: “ the yearly income and profits thereof for twenty years after my decease, subject to the payment to my executors of twenty-five dollars annually for the support of my daughter Maria Dunn, and so that they may not sell or mortgage the same or let for more than one year, and after the said twenty…
1Opinion of the Court
By the Court, Harris, P. J.
So far as the bill charges positive and actual fraud on the part of the defendant in obtaining the deed, it is not sustained by the proof. The allegation that the defendant concealed from the plaintiff the provisions of his grandfather’s will in his favor, is explicitly denied in the answer, and the proof shows that, if the defendant was ignorant of the extent of his interest, it was his own fault. Judge Hoi*379liday informed him, before he conveyed to the defendant, what had been left him by the will; and there is no evidence that the defendant was, in any respect,…
2Cited by17 opinions
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- Friedman v. HirschNew York Supreme Court · 1892
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