Squire v. Harder
New York Court of Chancery
This was a bill for the partition of a certain mill property-in the county of Columbia, which formerly belonged to George Harder deceased. The complainant, Rebecca Squires, was one of Harder’s children; and his widow and other children were the defendants.
Read the full summary
This was a bill for the partition of a certain mill property-in the county of Columbia, which formerly belonged to George Harder deceased. The complainant, Rebecca Squires, was one of Harder’s children; and his widow and other children were the defendants. The complainants alleged that Harder died seized of the mill property, and the undivided half of a farm; that one-half of the mill property was sold by his administratrix under an order of the surrogate, and was purchased by Oliver Squire one- of the complainants; that the undivided half of the farm was sold by the widow and the heirs; and…
1Opinion of the Court
The Chancellor:—The allegation in the bill that Mrs. Harder agreed to lay out the money received for the farm in other real estate, for the benefit of the heirs after her death, is absolutely denied in the answer, and is not supported by proof. There can, therefore, be no doubt that the widow is absolutely entitled to one-half of the mill property in fee. The other ground assumed by the complainant’s counsel, that she purchased it with the moneys received for the farm, in which she had only a life interest, and that there was a resulting trust in their favor on the purchase, is wholly…
2Cited by20 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Patton v. BeecherSupreme Court of Alabama · 1878
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Troll v. CarterWest Virginia Supreme Court · 1879
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
15 more not listed; retrieve them via the Exa API.