Scrugham v. Wood
New York Supreme Court
Error from the superior court of the city of New-York. This was an action of ejectment to recover the dower which had been admeasured to Mary Scrugham, as the widow of her late husband, William W. Scrugham. The defence set up was, that three days before the marriage, the husband executed a deed in trust for the benefit of his children, by which he conveyed all his real estate to the grantees in such deed, of whom the plaintiff was one.
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Error from the superior court of the city of New-York. This was an action of ejectment to recover the dower which had been admeasured to Mary Scrugham, as the widow of her late husband, William W. Scrugham. The defence set up was, that three days before the marriage, the husband executed a deed in trust for the benefit of his children, by which he conveyed all his real estate to the grantees in such deed, of whom the plaintiff was one. The trusts were, that the grantor should - be permitted, during his lifetime, to possess and enjoy the premises, for the purpose of enabling him to apply the…
1Opinion of the Court
By the Court,
Nelson, J.
The facts in the bill of exceptions are abundantly sufficient to justify the charge of the court below, and the verdict of the jury. No one can doubt} from the account of the execution of the deed given by the commissioner, in connection with the previous preparation of it at the instance of Scrugham, that it was the understanding and intent' of all parties at the time of the execution and acknowledgment, that it was delivered, or in other words, that the family settlement was complete.
The position to be found in the learned commentaries of Chancellor Kent, 4th vol.…
2Cited by43 opinions
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- Newton & Seeley v. BealerSupreme Court of Iowa · 1875
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
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