Kirby v. Taylor
New York Court of Chancery
JOHN TURNER, jun. father of Maria, wife of the pjajntjf|f Joseph Kirby, died in 1801, having first made a will, by which he devised all his estate, real and personal, to his wife, and his two children, Archibald and Maria, in fee, to be divided when his son A. should arrive at the age of 21 years; and appointed James Dunlap, and John Thompson5 his executors.
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JOHN TURNER, jun. father of Maria, wife of the pjajntjf|f Joseph Kirby, died in 1801, having first made a will, by which he devised all his estate, real and personal, to his wife, and his two children, Archibald and Maria, in fee, to be divided when his son A. should arrive at the age of 21 years; and appointed James Dunlap, and John Thompson5 his executors. A. Turner, the son, became of age in 1803 5 and the plaintiff, Maria, being then only six years of age, James Dunlap, John Thompson, and Archibald Turner, were appointed her guardians, by the Surrogate of the city of New- York; and they,…
1Opinion of the Court
The Chancellor.
The cause was set down for rehearing upon the plea of the defendant, Taylor, with its accompanying answer.
There is no charge in the bill, that the release, which is the subject matter of the plea, was unfairly or fraudulently procured. The plea avers, that it was given voluntarily and of free will, without any fraud, threat, persuasion, concealment, or misrepresentation, and without the knowledge or consent of Taylor, the surety, and the answer contains the same averments. The plea is, therefore, good, in point of form; and the great question in the case is, whether the…
2Cited by21 opinions
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