Brown v. Fletcher
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. Bills by John A. S. Brown and Frank E. Schermerhorn, as trustees for Clara Schermerhorn under the will of Thomas Cunningham, deceased, against Austin B. Fletcher, as testamentary trustee of Conrad Morris Braker, under the will of Conrad Braker, Jr., deceased, and Conrad Morris Braker. From decrees (244 Fed. 854) dismissing the bills, plaintiffs in each suit appeal.
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Appeals from the District Court of the United States for the Southern District of New York. Bills by John A. S. Brown and Frank E. Schermerhorn, as trustees for Clara Schermerhorn under the will of Thomas Cunningham, deceased, against Austin B. Fletcher, as testamentary trustee of Conrad Morris Braker, under the will of Conrad Braker, Jr., deceased, and Conrad Morris Braker. From decrees (244 Fed. 854) dismissing the bills, plaintiffs in each suit appeal. Plaintiffs appeal from decrees dismissing bills, with costs. The father of defendant Braker left a will under which defendant Fletcher…
1DissentWard, Circuit Judge
Unless we are to hold that there can be no such thing as an improvident sale of an expectancy in a decedent’s estate, on the ground that an attempted sale must be regarded as a cover for a loan of money on usury, the assignments by Braker to Rabe of his legacies under the fourteenth and fifteenth articles of his father’s will were sales. The instruments he executed expressly so stated, and the testimony of the witnesses to the same effect is overwhelming. There was in neither assignment any promise by Braker to repay the money he received. It is true that in the assignment of seven-tenths of…
2Cases cited4 opinions
- Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
- Byers v. McAuleySupreme Court of the United States · 1893
- Orvis v. . CurtissNew York Court of Appeals · 1899
- Orvis v. CurtissNew York Court of Common Pleas · 1895