Taggard v. Talcott
New York Court of Chancery
Judgment-creditor’s bill. The defendant, by his answer,. showed that in the year one thousand eight hundred and twenty-nine, he received from his wife’s father, in her right, three thousand nine hundred and forty-five dollars; and placed the same to her credit upon his books, with the understanding that it was to be her separate property and all. furniture purchased with it was to be carried to the account -of this fund as her sole property.
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Judgment-creditor’s bill. The defendant, by his answer,. showed that in the year one thousand eight hundred and twenty-nine, he received from his wife’s father, in her right, three thousand nine hundred and forty-five dollars; and placed the same to her credit upon his books, with the understanding that it was to be her separate property and all. furniture purchased with it was to be carried to the account -of this fund as her sole property. That the defendant was at that time rich. That he credited his wife in his ledger, but by neglect, he did not charge all the furniture which had been…
1Opinion of the Court
The Vice-Chancellor:
According to the statements in the petition and the answer of the defendant, I think the wife is entitled to be protected in the enjoyment of the household furniture as her separate property. It was purchased with the money which her husband" had received from her patrimonial estate and under an agreement that whatever was thus purchased should be considered the wife’s separate property. Under the circumstances, this court will hold the husband to be the trustee of it for the wife; Atherly, 330.
As between the husband and wife, she has an equity to have the agreement…
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