Legal Opinion

Kenny v. Udall

New York Court of Chancery

Decided August 10, 1821PublishedCited by 8 opinions

The plaintiff, the wife of the defendant Edward M. ■ r . L, Kenny, being an infaant, and permitted to sue in forma pauperis, by E. Elmendorf, her next friend, filed her bill the 11th of November, 1820, against the defendants. She was the daughter of Thomas Hewilt, late of Cheshire, in England, deceased, who removed to New-Yor/c about the year 1810, and died here, the 12th of October, 1814, possessed of considerable property.

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The plaintiff, the wife of the defendant Edward M. ■ r . L, Kenny, being an infaant, and permitted to sue in forma pauperis, by E. Elmendorf, her next friend, filed her bill the 11th of November, 1820, against the defendants. She was the daughter of Thomas Hewilt, late of Cheshire, in England, deceased, who removed to New-Yor/c about the year 1810, and died here, the 12th of October, 1814, possessed of considerable property. The plaintiff was born in Cheshire, the 9 th of November, 1801. Her father owned 310 shares of stock in the Bank of America ; and on the 1st of June, 1814, executed a…

1Opinion of the Court

The Chancellor.

The wife is here the plaintiff, and the bill is against her husband and the assignee of her husband, to set aside an assignment by him to the defendant Udall, of her interest in 8,000 dollars of the stock of the Bank of America. She was married at the age of sixteen, and is still an iniant. The assignment of her interest in that stock, was made by her husband and her, within a year after her marriage; and as far as the assignment was her act and deed, it was and is, of course, null and void, by *471reason of her infancy The case is to be considered precisely as if the husband had…

2Cited by8 opinions

  1. Michan v. WyattSupreme Court of Alabama · 1852
  2. Terrell v. GreenSupreme Court of Alabama · 1847
  3. Gallego v. ChevallieU.S. Circuit Court for the District of Virginia · 1826
  4. Haviland v. BloomNew York Court of Chancery · 1822
  5. Haviland v. MyersNew York Court of Chancery · 1822

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