Jaques v. Trustees of the Methodist Episcopal Church
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the Court of Chancery. The bill filed by the respondents, on the 10th of March, 1813, against #the appellants and Henry Cruger, was for an account of the real and personal estate of Mary Jaques, deceased, late the wife of the appellant John D. Jaques, and who was formerly the wife of William, Alexander, deceased.
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APPEAL from the Court of Chancery. The bill filed by the respondents, on the 10th of March, 1813, against #the appellants and Henry Cruger, was for an account of the real and personal estate of Mary Jaques, deceased, late the wife of the appellant John D. Jaques, and who was formerly the wife of William, Alexander, deceased. It stated, that Mary Jaques, at the time of her intermarriage with, the defendant, J. D. Jaques, was seised and possessed of a large real and personal estate, particularly mentioned in the bill; that, in contemplation of the marriage about to take place between her and /.…
1Opinion of the Court
Spencer, Ch. J.
The validity of the deed of settlement has been denied, on the ground that it was never delivered to Mr. Cruger, the trustee. There is no positive evidence that a formal delivery took place. The possession of the deed by Mrs. *451Jaques is not, inconsistent with a delivery to Cruger ; for the possession of the deed by the cestui que trust was, in a legal \iew, the possession of the trustee. The deed of the 12th of September, 1812, executed by John D. Jaques and his wife, professedly in virtue of the deed of settlement, and in execution of the power contained in it, and the will of…
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