Shipman v. Shipman
New Jersey Court of Chancery
On bill for partition’. The bill is filed by three of the four children of Jesse B. Shipman to partition a farm in Warren county, owned at the time of his death by Jesse B. Shipman, and devised by him to Ellen, .his wife, for life, and after her death to his four children — Henry, George S., William C. and Mary Fox. The widow, Ellen Shipman, died January 4th, 1899. William C. Shipman, the defendant, filed an answer and an answer by way of cross-bill.
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On bill for partition’. The bill is filed by three of the four children of Jesse B. Shipman to partition a farm in Warren county, owned at the time of his death by Jesse B. Shipman, and devised by him to Ellen, .his wife, for life, and after her death to his four children — Henry, George S., William C. and Mary Fox. The widow, Ellen Shipman, died January 4th, 1899. William C. Shipman, the defendant, filed an answer and an answer by way of cross-bill. He denies that either Henry Shipman or Mary Eox have any equitable interest in the property sought to be partitioned. He admits that the legal…
1Opinion of the Court
Reed, V. C.
The first point raised by the defendant William O. Shipman in opposition of the right of the complainants to a partition, is unsupported by the testimony. If it be admitted that an agreement was entered into between the four devisees that the individual interests of Henry Shipman and Mary Fox should be conveyed to William C. and George Shipman, such agreement, admittedly, rests entirely in parol. The only ground, therefore, upon which it could be enforced or recognized by a court of equity would be upon proof that there had been a part performance of the agreement. There is no…
2Cases cited2 opinions
- In re MerrillNew Jersey Superior Court Appellate Division · 1917
- Doan v. JonesNew Jersey Court of Chancery · 1916
3Cited by5 opinions
- Morris v. GlaserNew Jersey Court of Chancery · 1930
- Staples v. PearsonSupreme Court of Alabama · 1935
- Dalgarno v. BaumSupreme Court of Virginia · 1944
- Ross v. RossNew Jersey Superior Court Appellate Division · 1955
- Richman v. RichmanNew Jersey Court of Chancery · 1934