North American Coal Co. v. Dyett
New York Court of Chancery
oThis case came before the chancellor upon an appeal from a decree of the vice chancellor of the first circuit, dismissing the complainants’ bill, with costs.
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oThis case came before the chancellor upon an appeal from a decree of the vice chancellor of the first circuit, dismissing the complainants’ bill, with costs. In September, 1821, Joshua Dyett and Jesse Ann his wife, in pursuance of an ante-nuptial agreement, conveyed a house and lot in New-York belonging to the wife to W. Hammersley and M. Dyett, as trustees, upon the following trusts: First, to sell and convey the premises, with the written consent of the husband and wife, and to invest the proceeds of the sale in other real estate or upon securities; and with power to change the investments…
1Opinion of the Court
The Chancellor.
The vice chancellor arrived at correct conclusions as to most of the questions in this case ; but I think he erred in supposing that the Dutchess Cotton Factory was a separate and distinct trust estate, and was alone chargeable with the supplies purchased for the use of that part of the trust property. The house and lot in New-York and the factory were but different parts of one entire estate ; the rents and profits of the whole of which belonged to the wife, as her separate estate, after the insolvency of her husband in 1827. If this debt, therefore, was properly chargeable…
2Cases cited1 opinion
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
3Cited by50 opinions
- Cheever v. WilsonSupreme Court of the United States · 1870
- Yale v. . DedererNew York Court of Appeals · 1858
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
- Radford v. CarwileWest Virginia Supreme Court · 1879
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