Baker v. Baker
New Jersey Court of Chancery
Heard on bill, answer, replication and proofs. Complainants are the heirs-at-law of Matilda Baker and the children of Matilda Baker and her husband, Joseph W. Baker, the defendant.
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Heard on bill, answer, replication and proofs. Complainants are the heirs-at-law of Matilda Baker and the children of Matilda Baker and her husband, Joseph W. Baker, the defendant. The object of the bill is to establish that a farm in Springfield township, Essex count]1, and a bouse and lot in Orange, to both of which tracts the mother held the legal title when she died intestate, were held in trust for the complainants, and'to enjoin defendant from setting up a legal title as tenant by the curtesy in either of the tracts. An account of rents received by the defendant is also sought. The…
1Opinion of the Court
Emery, Y. C. (after statement).
On the proofs I conclude- first, that the original purchase of the Springfield farm from Mr. Pitcher was made by the contributions of all of the children to the purchase-money, and that although the title was taken in the name of Benjamin Baker, one of the children, there was, as between Benjamin and his brothers and sisters, a resulting trust, arising from this original contribution of the purchase-money. Such resulting trust as between the grantee and third person, arises by implication and operation of law, and is expressly excepted from the operation of the…
2Cited by2 opinions
- Allenhurst Park Estates v. SmithNew Jersey Court of Chancery · 1927
- Lykles v. LyklesNew Jersey Court of Chancery · 1932