Eyre v. Higbee
New York Supreme Court
THIS was an appeal from a judgment ordered at a special term, upon the report of a referee. The complaint alleged that Tobias Lear, in his lifetime, was the owner and possessor of a large number of letters addressed to him by G-eneral Washington, between the years 1790 and 1799 j that said.
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THIS was an appeal from a judgment ordered at a special term, upon the report of a referee. The complaint alleged that Tobias Lear, in his lifetime, was the owner and possessor of a large number of letters addressed to him by G-eneral Washington, between the years 1790 and 1799 j that said. Tobias Lear continued to possess the same until Ms death, which occurred in 1816; that they remained in his family until the month of September, 1856, when they were delivered to the defendant, Mrs. Higbee, for a special purpose, by the widow of Tobias Lear. The plaintiff, Louisa Lincoln Lear Byre, is the…
1Opinion of the CourtMullin, J.
The letters which are the subject matter of this litigation were written by General Washington to Colonel Tobias Lear, his private and military secretary. The first and important question in the case is, what property, if any, Col. Lear acquired or had in these letters at the time of his death.
That letters written by one person to another, whether in regard to matters of business or friendship, (aside from the question whether they have any literary value,) are property,is perfectly well settled. (Gee v. Pritchard, 2 Swanst. 402. 2 Story’s Eq. Jur. § 945 et seq. Eden on Inj. 2d Am. ed. 324,…
2Cases cited1 opinion
- Hoyt v. MackenzieNew York Court of Chancery · 1848
3Cited by6 opinions
- Baker v. LibbieMassachusetts Supreme Judicial Court · 1912
- Tams-Witmark Music Library, Inc. v. New Opera Co.New York Court of Appeals · 1948
- In re the Estate of RyanNew York Surrogate's Court · 1921
- Rick v. WilliamsU.S. Circuit Court for the District of Eastern Wisconsin · 1887
- Roberson v. Rochester Folding Box Co.Appellate Division of the Supreme Court of the State of New York · 1901
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