Holmes v. Winchester
Massachusetts Supreme Judicial Court
Bill in equity, filed January 8, 1881, by the assignees in insolvency of George C. Winchester, to compel the transfer of 250 shares of the stock of the Ashburnham Railroad Company, conveyed by Winchester to the defendant, his wife. Hearing before Field, J., who found the following facts: On July 1, 1878, George C. Winchester executed and delivered to certain persons, as trustees, a mortgage upon land in Ashburnham, in which mortgage the defendant joined, releasing dower.
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Bill in equity, filed January 8, 1881, by the assignees in insolvency of George C. Winchester, to compel the transfer of 250 shares of the stock of the Ashburnham Railroad Company, conveyed by Winchester to the defendant, his wife. Hearing before Field, J., who found the following facts: On July 1, 1878, George C. Winchester executed and delivered to certain persons, as trustees, a mortgage upon land in Ashburnham, in which mortgage the defendant joined, releasing dower. At the time of this conveyance, George C. Winchester was the owner of all the stock of the Ashburnham Railroad Company,…
1Opinion of the CourtC. Allen, J.
A wife’s release of dower in her husband’s lands, given at his request and for his benefit, is a valuable consideration for a conveyance by him to her of property which is no more than a fair equivalent. Bullard v. Briggs, 7 Pick. 533, Sykes v. Chadwick, 18 Wall. 141. Garlick v. Strong, 3 Paige, 440. It is in this respect like a conveyance of her separate property for his benefit and at his request. In consideration of such a release, the husband in this case agreed to give her the specific shares in question, and more, and also a sum of money. It must be presumed, if the fact is important,…
2Cases cited8 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Hauselt v. HarrisonSupreme Court of the United States · 1882
- Walker v. Walker'sSupreme Court of the United States · 1870
- Garlick v. StrongNew York Court of Chancery · 1831
- Sykes v. ChadwickSupreme Court of the United States · 1874
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3Cited by22 opinions
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- Fitcher v. GriffithsMassachusetts Supreme Judicial Court · 1913
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- Briegel v. BriegelSupreme Court of Pennsylvania · 1931
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