Evertson v. Evertson
New York Court of Chancery
Walter Evertson, the father of the complainants, died in April, 1812, seized and possessed of real and personal estate to the value of $20,000. In November, 1810, he made his will, and appointed his wife and his father-in-law, together with his brother, George B. Evertson, his executors.
Read the full summary
Walter Evertson, the father of the complainants, died in April, 1812, seized and possessed of real and personal estate to the value of $20,000. In November, 1810, he made his will, and appointed his wife and his father-in-law, together with his brother, George B. Evertson, his executors. By that will, the testator, after making a provision for his wife out of his personal property, in lieu of dower, directed his real estate to be sold, and the proceeds thereof, together with the residue of his personal property, to be put out, at lawful interest, on good security, and the yearly interest…
1Opinion of the Court
The Chancellor.
For some reason which does not Rppear, a part of the papers originally annexed to the assignment to the defendant, as appears from the assignment itself, }mye been detached therefrom, and are not produced. One of the papers thus withheld appears to be an agreement which accompanied the bond and mortgage. It is impossible, therefore, for the court to determine the question whether there was any thing upon the face of the papers annexed to the assignment, and forming a part thereof, sufficient to put the defendant on inquiry, and to operate as a good constructive notice of the…
2Cases cited1 opinion
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by5 opinions
- Sims v. WilsonIndiana Supreme Court · 1874
- Howells v. . HettrickNew York Court of Appeals · 1899
- Harris v. NortonNew York Supreme Court · 1853
- Pancoast v. DuvalNew Jersey Court of Chancery · 1875
- State ex rel. Patterson v. TittmanMissouri Court of Appeals · 1893