Smethurst v. Thurston
Philadelphia Court of Nisi Prius
Bill in Equity — presented by Richard Smethurst, William King and Edward W. David, trustees of the estate of Charles Connor Barrington, against Charles M. Thurston, the said Charles Connor Barrington and Rachel H. Barrington, his wife, praying that a bond and mortgage given by C. C. Barrington to C. M. Thurston, might be declared to be void, and delivered up to be cancelled.
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Bill in Equity — presented by Richard Smethurst, William King and Edward W. David, trustees of the estate of Charles Connor Barrington, against Charles M. Thurston, the said Charles Connor Barrington and Rachel H. Barrington, his wife, praying that a bond and mortgage given by C. C. Barrington to C. M. Thurston, might be declared to be void, and delivered up to be cancelled. It appeared that, in December, 1843, C. C. Barrington married Rachel H. Thurston, a daughter of Charles M. Thurston, of the city of New York. In 1844, Mr. Thurs-ton died intestate, leaving a large estate, principally…
1Opinion of the CourtBell, J.
— The simple question is, whether the mortgage and accompanying declaration of trust in favour of Mrs. Barrington, are good against the husband’s creditors. I think the case admits of no doubt. The father of Mrs. Barrington having died shortly after her intermarriage with C. C. Barrington, leaving, a large estate, it was agreed between Barrington and his wife’s relatives, that $10,000 of her fortune should be settled upon the wife. Her fortune seems to have amounted to $20,000. This was effected by the purchase of a house in this city, with funds advanced by C. M. Thurston, as the executor of…
2Cases cited6 opinions
- Wickes v. ClarkeNew York Court of Chancery · 1840
- Estate of HindsSupreme Court of Pennsylvania · 1840
- Wintercast v. SmithSupreme Court of Pennsylvania · 1833
- Dennison v. NighSupreme Court of Pennsylvania · 1833
- Rees v. WatersSupreme Court of Pennsylvania · 1839
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