Lammer v. Stoddard
New York Court of Appeals
Action brpught to recover the amount of a loan of trust money. Joseph Lammer left personal property amounting upwards of $36,000, and in his will he bequeathed to his wife < the sum óf $2,000, and created a trust as follows: “ I give and bequeath unto my said wife, Mary, the further sum of $3,000, lawful money aforesaid, to be paid to her as soon as conveniently may be after my decease, in trust, nevertheless, that she, my said wife, shall have, use and take the interest…
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Action brpught to recover the amount of a loan of trust money. Joseph Lammer left personal property amounting upwards of $36,000, and in his will he bequeathed to his wife < the sum óf $2,000, and created a trust as follows: “ I give and bequeath unto my said wife, Mary, the further sum of $3,000, lawful money aforesaid, to be paid to her as soon as conveniently may be after my decease, in trust, nevertheless, that she, my said wife, shall have, use and take the interest accruing and to arise from the said . $3,000, during the minority of my sons Joseph and John and daughter Clarissa, to be…
1Opinion of the CourtEarl, J.
The finding of the trial court, affirmed by the general term, that Edward Lammer had paid to Mary Lammer the amount loaned to him by her, which was secured by his mortgage, was founded upon sufficient evidence, and concludes us. The loan was made forty-eight years before Edward’s death, and thirty-four years before Mrs. Lammer’s death, and during most of that time he possessed ample pecuniary ability to pay. She was not shown to possess much means, and presumably needed the means for the support of herself and infant children. She and Edward always resided near each other, and, during twenty…
2Cases cited6 opinions
- Decouche v. SavetierNew York Court of Chancery · 1817
- Clarke v. Boorman's ExecutorsSupreme Court of the United States · 1874
- Wilmerding v. RussSupreme Court of Connecticut · 1865
- Ashhurst's AppealSupreme Court of Pennsylvania · 1868
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880
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