Provident Life & Trust Co. v. Fletcher
District Court, S.D. New York
In Equity. Suit by the Provident Life & Trust Company and Catherine Stewart Wood, as executors of tire will of William Brewster Wood, deceased, against Austin B. Fletcher, as testamentary trustee of Conrad Morris Braker, under the will of Conrad Braker, Jr., deceased, and Conrad Morris Braker.
Read the full summary
In Equity. Suit by the Provident Life & Trust Company and Catherine Stewart Wood, as executors of tire will of William Brewster Wood, deceased, against Austin B. Fletcher, as testamentary trustee of Conrad Morris Braker, under the will of Conrad Braker, Jr., deceased, and Conrad Morris Braker. This is a suit in equity to compel the defendant Austin B. Fletcher, as tes» tamentary trustee under the last will and testament of Conrad Braker, Jr., to pay over to the plaintiffs $15,000, with interest from January 5, 1907, under the fifteenth and sixteenth paragraphs of the will of the said Braker.…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). There are two preliminary questions of fact which require solution: First, whether Braker understood the character of the transaction at the time of its execution; and, second, whether the New York Finance Company had recourse to any life insurance policies as security for the advances.
I have no hesitation in finding that Braker understood the character of the transaction. He was at that time 44 years old, and had been engaged with money lenders in four transactions within the year. His testimony is therefore not only inherently unlikely, but he is…
2Cases cited20 opinions
- Hale v. HollonTexas Supreme Court · 1897
- Osgood v. FranklinNew York Court of Chancery · 1816
- Scott v. LloydSupreme Court of the United States · 1835
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Hall v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Josevig -Kennecott Copper Co. v. James F. Howarth Co.Court of Appeals for the Ninth Circuit · 1919
- Federal Trade Commission v. IFC Credit Corp.District Court, N.D. Illinois · 2008
- De Korwin v. First National Bank of ChicagoDistrict Court, N.D. Illinois · 1958
- De Korwin v. First National Bank of ChicagoCourt of Appeals for the Seventh Circuit · 1960
- DeKorwin v. First National Bank of ChicagoCourt of Appeals for the Seventh Circuit · 1963
9 more not listed; retrieve them via the Exa API.