Duvoll v. Wilson
New York Supreme Court
Motion to set aside report of a referee. William DuyoII, on the 11th of March, 1846, made his will, by which, among other provisions, he devised to the plaintiffs, his grandchildren, a certain piece of land containing about sixty acres, in fee, subject to an interest which by the same devise was vested in the son of the testator and father of the plaintiffs, during his life.
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Motion to set aside report of a referee. William DuyoII, on the 11th of March, 1846, made his will, by which, among other provisions, he devised to the plaintiffs, his grandchildren, a certain piece of land containing about sixty acres, in fee, subject to an interest which by the same devise was vested in the son of the testator and father of the plaintiffs, during his life. On the 22d day of January, 1847, the testator executed, under his hand and seal, to the plaintiffs, a deed of conveyance of sixty-five acres, being the sixty acres devised, and five acres in addition thereto, in…
1Opinion of the Court
By the Court, Selden, J.
It is conceded that the pecuniary consideration named in the deed was nominal merely, and that nothing was in fact paid. The position taken by the defendants , is this : that while natural love and affection between near relatives is a sufficient consideration to support a deed, or an executed contract, yet that it will not render obligatory a mere covenant or promise, or executory agreement. That to support the latter, in equity, as well as at law, a valuable consideration is necessary.
This raises a question of considerable nicety, and one which can not, perhaps, be…
2Cases cited1 opinion
- Fink v. CoxNew York Supreme Court · 1820
3Cited by17 opinions
- Whitaker v. . WhitakerNew York Court of Appeals · 1873
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
- Morris v. . WardNew York Court of Appeals · 1867
- McKenzie v. RathbunCalifornia Supreme Court · 1903
- Fischer v. Union Trust Co.Michigan Supreme Court · 1904
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