Eckford v. De Kay
New York Court of Chancery
The bill in this cause was filed by the executrix and the executors of Henry Eckford, deceased, who were also the trustees of his real estate under his will, for the purpose of redeeming a lot of land in the city of Hew-York, containing about nine acres, conveyed by the testator to Mrs. Drake, in August, 1826, in trust for his infant grand daughter, now the wife of the defendant G. C. De Kay; which conveyance as the complainants alleged was intended to be a mortgage merely.
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The bill in this cause was filed by the executrix and the executors of Henry Eckford, deceased, who were also the trustees of his real estate under his will, for the purpose of redeeming a lot of land in the city of Hew-York, containing about nine acres, conveyed by the testator to Mrs. Drake, in August, 1826, in trust for his infant grand daughter, now the wife of the defendant G. C. De Kay; which conveyance as the complainants alleged was intended to be a mortgage merely. G. C. De Kay put in his separate answer, and his wife, who was then an infant, put in her answer by her guardian ad…
1Opinion of the Court
The Chancellor.
Although this case involves a very large amount of property, there is, with a single exception, very little dispute in relation to facts. The documen*92tary and other evidence, independent of the disputed fact as to whether there was an actual agreement between the parties to the deed of August, 1826, contrary to the terms of the conveyance upon its face, are briefly these. In October, 1816, Dr. Joseph Rodman Drake, who will be remembered as the talented author of “ The culprit Fay,” long after the valuable property in dispute in this cause shall have passed into the hands of…
2Cited by13 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Willcox v. SmithNew York Supreme Court · 1858
- Ackerman v. EmottNew York Supreme Court · 1848
- Williamson v. Field's ExecutorsNew York Court of Chancery · 1845
- In re RandolphNew York Surrogate's Court · 1911
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