Legal Opinion

Trustees of Methodist Episcopal Church v. Jaques

New York Court of Chancery

Decided June 25, 1814PublishedCited by 11 opinions

THE bill stated, among other things, that Mary Jaques, deceased, late the wife of J. D. Jaques, defendant, was, while the widow of William Alexander, her former husband, seised of real and personal estate to the amount of 50,000 dollars, derived, principally, from the will of her former husband ; that before her marriage with the defendant, and in contemplation thereof, an indenture was entered into between her and the defendant, and Henry Cruger, on the 25th of September,…

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THE bill stated, among other things, that Mary Jaques, deceased, late the wife of J. D. Jaques, defendant, was, while the widow of William Alexander, her former husband, seised of real and personal estate to the amount of 50,000 dollars, derived, principally, from the will of her former husband ; that before her marriage with the defendant, and in contemplation thereof, an indenture was entered into between her and the defendant, and Henry Cruger, on the 25th of September, 1805, by which she conveyed all her estate, real and personal, to Cruger, in trust, for her use, until her marriage with…

1Opinion of the Court

The Chancellor.

This is a bill for discovery and account, called for by the plaintiffs as legatees and devisees under the will of Mary Jaques, the former wife of one of the defendants. The case comes before the court oti exceptions to the answer, as being, in many respects, imperfect, and not containing a full and explicit disclosure.

Assuming that the answer contains only a partial discovery, and not sufficient to furnish materials for an account, it is alleged, that it contains the allegation of a fact destroying the title to a discovery, at least, to the extent prayed for, and that, until…

2Cited by11 opinions

  1. Chappell v. FunkCourt of Appeals of Maryland · 1882
  2. United States v. McLaughlinUnited States Circuit Court · 1885
  3. Glenney v. StedwellNew York Court of Appeals · 1876
  4. Puryear v. BeardSupreme Court of Alabama · 1848
  5. Wood v. MannU.S. Circuit Court for the District of Massachusetts · 1833

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