Sweet v. Jacocks
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the second circuit, relative to the surplus proceeds of mortgaged premises sold under a decree in this cause. The mortgaged premises, with other real estate, belonged to John Cornell, who died in February, 1817, intestate ; upon which event, one fifth of his real property and a portion of his personal estate passed to the legitimate children of his daughter Sarah Montfort, then deceased.
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This was an appeal from a decretal order of the vice chancellor of the second circuit, relative to the surplus proceeds of mortgaged premises sold under a decree in this cause. The mortgaged premises, with other real estate, belonged to John Cornell, who died in February, 1817, intestate ; upon which event, one fifth of his real property and a portion of his personal estate passed to the legitimate children of his daughter Sarah Montfort, then deceased. Mrs. Montfort had two children while she continued to reside with her husband; Phebe, the wife of C. Peckham, and Peter Montfort. She…
1Opinion of the Court
The following opinion was given by the vice chancellor upon the making of the decretal order appealed from:
C. H. Ruggles, V. C.
The land which produced the fund in question was conveyed by Peckham and wife and P.Mont-fort toF. Jacocks by a releasein fee, absolute, without any express trust; and the grantee has never given any declaration of the trust in writing. He cannot therefore be charged as trustee unless by reason of some fraud practiced in obtaining the conveyance. But the circumstances under which the release was obtained by him are such as make him chargeable with a fraud, and to…
2Cited by32 opinions
- Seymour v. FreerSupreme Court of the United States · 1869
- Taylor v. BenhamSupreme Court of the United States · 1847
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Perry v. McHenryIllinois Supreme Court · 1851
- Meier v. KellyOregon Supreme Court · 1892
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