Holmes v. Holmes
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the fifth circuit. The. facts in the case, as presented by the pleadings and proofs, were, that the husband of the complainant, being the owner of considerable personal property and wishing to deprive his wife of the one third of it to which she would be entitled by the statute of distributions after his death, agreed with his son to purchase of him real estate at a price far beyond its value, and to give him a bond…
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This was an appeal from a decree of the vice chancellor of the fifth circuit. The. facts in the case, as presented by the pleadings and proofs, were, that the husband of the complainant, being the owner of considerable personal property and wishing to deprive his wife of the one third of it to which she would be entitled by the statute of distributions after his death, agreed with his son to purchase of him real estate at a price far beyond its value, and to give him a bond and mortgage thereon, which security was not to be enforced in the life time of the father. The amount due on the bond…
1Opinion of the Court
The Chancellor.
The vice chancellor has probably arrived at a correct conclusion in supposing it was the intention of the father and son to convert his personal property into real estate, for the purpose of defrauding the wife of her distributive share of the personalty after the death of her husband. ,But he was wrong in deciding that the facts stated in the complainant’s bill could amount to a fraud of which any earthly tribunal could take cognizance. The cases of underhand dealings and secret conveyances made in contemplation of marriage, depend upon an entirely different principle. The…
2Cited by10 opinions
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Thayer v. ThayerSupreme Court of Vermont · 1842
- Padfield v. PadfieldIllinois Supreme Court · 1875
- Small v. SmallSupreme Court of Kansas · 1895
- Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
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