Legal Opinion

Walker v. Walker

Supreme Court of New Hampshire

Decided December 5, 1890PublishedCited by 9 opinions

Bill in Equity, by the widow of Nathaniel B. Walker, for her legal share in his estate. Nathaniel B. Walker died in January, 1889, leaving a will, in which he gave one third part of his estate to the' plaintiff, and the remainder to his two sons by a former wife, — the defendants, Edward J. and Charles H. Walker. The defendant Mellen holds in trust for Edward J. and Charles EL.

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Bill in Equity, by the widow of Nathaniel B. Walker, for her legal share in his estate. Nathaniel B. Walker died in January, 1889, leaving a will, in which he gave one third part of his estate to the' plaintiff, and the remainder to his two sons by a former wife, — the defendants, Edward J. and Charles H. Walker. The defendant Mellen holds in trust for Edward J. and Charles EL. Walker a large amount of corporate stocks and bonds, valued at over #38,000, delivered to him to be kept for them by Nathaniel B. Walker in his lifetime. The defendant Stevens is executor of the will. The plaintiff…

1Opinion of the CourtBlodgett, J.

Upon the facts found at the hearing the bill can be maintained. The attempt of the plaintiff’s husband to dispose of nearly all of his personal estate so that he should have the enjoyment and control of it for life and the plaintiff be deprived of any portion of it at his decease, cannot be sanctioned. It is settled law, that conveyances of real estate made by the husband during the coverture for the purpose of defeating the wife’s rights, are, as to her, fraudulent and void. Whether the same rule obtains in transfers of personal property for the like purpose when the husband reserves therein…

2Cases cited15 opinions

  1. Feigley v. FeigleyCourt of Appeals of Maryland · 1855
  2. Thayer v. ThayerSupreme Court of Vermont · 1842
  3. Smith v. SmithCalifornia Supreme Court · 1859
  4. Tucker v. TuckerSupreme Court of Missouri · 1860
  5. Tyler v. TylerIllinois Supreme Court · 1888

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3Cited by9 opinions

  1. Ackers v. First National Bank of TopekaSupreme Court of Kansas · 1963
  2. Crawfordsville Trust Co. v. RamseyIndiana Court of Appeals · 1913
  3. Hudgens v. TillmanSupreme Court of Alabama · 1933
  4. Bosma v. HarderOregon Supreme Court · 1919
  5. Rubin v. Myrub Realty Co.Appellate Division of the Supreme Court of the State of New York · 1935

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