Scott v. Gamble
New Jersey Court of Chancery
Bill filed on the seventeenth day of May, 1849. The bill states that Leonard Scott, late of the city of Trenton, and county of Hunterdon, now county of Mercer, duly made and published his last will and testament in writing, bearing date on the fifth day of September, in the year of our Lord one thousand eight hundred and thirty-six, which was executed and attested as by law is required, for passing real estate by devise, and thereby, after directing all his just debts to be…
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Bill filed on the seventeenth day of May, 1849. The bill states that Leonard Scott, late of the city of Trenton, and county of Hunterdon, now county of Mercer, duly made and published his last will and testament in writing, bearing date on the fifth day of September, in the year of our Lord one thousand eight hundred and thirty-six, which was executed and attested as by law is required, for passing real estate by devise, and thereby, after directing all his just debts to be paid, and after giving to his wife, Lucretia, all his household furniture and three hundred dollars in money, did…
1Opinion of the Court
The Chancellor.
The doctrine as laid down by Sir
Edward Sugden, in reference to the incapacity of a person in the exercise of his duty as trustee, becoming the purchaser of the property of his cestui que trust, has always been recognized as the law in Hew Jersey. lie says, (2 Sugd. Vendors and Purchasers 109,) “ It may be laid down as a general proposition, that trustees, unless they are nominally such to preserve contingent remainders — agents, commissioners of bankrupts, assignees of bankrupts, solicitors to the commission, auctioneers, creditors who have been consulted as to the mode of…
2Cases cited10 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Rogers v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1829
- De Caters v. Le Ray De ChaumontNew York Court of Chancery · 1831
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re BenderNew Jersey Superior Court Appellate Division · 1937
- Montclair Trust Co. v. the Russell Co.New Jersey Court of Chancery · 1944
- Errico v. ScopollittiNew Jersey Court of Chancery · 1942
- Presbyterian Church v. Plainfield TrustNew Jersey Court of Chancery · 1947