Legal Opinion

Pinney v. Fellows

Supreme Court of Vermont

Decided February 15, 1843PublishedCited by 31 opinions

This was an appeal from a decree of the court of chancery, dismissing the orators’ bill. The orators, in their bill, set forth and charged, among other things, that Elizabeth N. Pinney, on the 19th of March, 1824, with the consent of her husband, the said Martin Pinney, purchased of Asa Aikens a certain lot of land in Windsor, and, at that time, and at divers times thereafter, did, with her own proper moneys, and with means procured through the aid cf her son, the said…

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This was an appeal from a decree of the court of chancery, dismissing the orators’ bill. The orators, in their bill, set forth and charged, among other things, that Elizabeth N. Pinney, on the 19th of March, 1824, with the consent of her husband, the said Martin Pinney, purchased of Asa Aikens a certain lot of land in Windsor, and, at that time, and at divers times thereafter, did, with her own proper moneys, and with means procured through the aid cf her son, the said Haskell N. Pinney, and by her personal services in taking care of an infirm relative of the said Aikins, pay therefor, the…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The object of this bill is the protection of a trust estate, of which it is claimed Elizabeth N. Pinney, the wife of Martin Pinney, is possessor ; and the important inquiry is, has she established in herself such a trust interest as can, upon the principles of chancery law, be recognized, protected and enforced against these defendants ? This case, in principle, is somewhat important; and w.ith the aid of a very full argument, we have endeavored to arrive at a just conclusion.

At law, the legal existence of the wife is suspended, or rather…

2Cases cited3 opinions

  1. Steere v. SteereNew York Court of Chancery · 1820
  2. Wright v. BatesSupreme Court of Vermont · 1841
  3. Movan v. HaysNew York Court of Chancery · 1815

3Cited by31 opinions

  1. Porter v. Bank of RutlandSupreme Court of Vermont · 1847
  2. Quinn v. ValiquetteSupreme Court of Vermont · 1908
  3. Barron v. BarronSupreme Court of Vermont · 1852
  4. Hoot v. SorrellSupreme Court of Alabama · 1847
  5. Pinkston v. McLemoreSupreme Court of Alabama · 1857

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