Staats v. Bergen
Supreme Court of New Jersey
In the year 1840, Abraham I. Staats, father of the complainant, James B. Staats, died intestate, leaving, surviving him, his widow, Mary Staats, and three sons, who were his only children.
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In the year 1840, Abraham I. Staats, father of the complainant, James B. Staats, died intestate, leaving, surviving him, his widow, Mary Staats, and three sons, who were his only children. By an agreement between the said widow and the sons, the sum of one thousand dollars was placed in .the hands of her brother, Zaccheus Bergen, the defendant, as trustee, the interest of which was to be paid to her during her life, in lieu of dower, and after her decease, the principal was to bo paid equally to her said three sons. Upon the receipt of this money, Mr. Bergen executed a declaration of trust,…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
It will be observed from the narration of facts which precedes this opinion, that the defendant, Zaccheus Bergen, at the time he became the purchaser, at the sale by the sheriff, of the premises in question, held the second mortgage upon the land, as the trustee of Mrs. Staats, and that upon a bid made by him, of a sum which was not sufficient to pay such mortgage, together with the prior encumbrance, the farm was struck off to him. The effect of such sale, therefore, on the rights of the cestui que trust, was to render valueless, so…
2Cases cited1 opinion
- Van Epps v. Van EppsNew York Court of Chancery · 1841
3Cited by9 opinions
- Adams v. HermanCalifornia Court of Appeal · 1951
- McAllister v. McAllisterNew Jersey Court of Chancery · 1936
- Taylor v. ErrionNew Jersey Court of Chancery · 1945
- Braman v. Central Hanover Bank Trust Co.New Jersey Court of Chancery · 1946
- Geo. Wa. v. the MemorialNew Jersey Court of Chancery · 1947
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