Champlin v. Baldwin
New York Court of Chancery
John Hathorn died in 1824, leaving five children: Jane the complainant, and Mrs. Grustin by his first wife, and Mary Fergus Anthony and Robert Bruce, by his second wife, who is now Mrs. Baldwin. After the death of his first wife he purchased six lots in the city of New York, and took a deed therefor in his own name.
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John Hathorn died in 1824, leaving five children: Jane the complainant, and Mrs. Grustin by his first wife, and Mary Fergus Anthony and Robert Bruce, by his second wife, who is now Mrs. Baldwin. After the death of his first wife he purchased six lots in the city of New York, and took a deed therefor in his own name. Five of these lots were purchased for his two infant daughters, and were paid for with moneys which belonged to their mother, and which came from the estate of her father. Mrs. Grustin died in 1827, intestate and without issue. The complainant filed her bill in this cause for…
1Opinion of the Court
The Chancellor :—There can be but little dispute as to the facts in this case; but the master has mistaken the law as to the rights of the infants in the five lots. He has considered them as having come to the complainant and Mrs. Gustin, from their mother, and has therefore excluded the *brothers and sisters of the half blood of Mrs. Gustin from the whole of her share. It does not distinctly appear whether the money which came from the estate of Brooks, legally belonged to the children of the first wife; or whether it belonged to their father and was appropriated for their benefit because it…
2Cited by4 opinions
- Farmers' Loan & Trust Co. v. PolkAppellate Division of the Supreme Court of the State of New York · 1915
- Adams v. AndersonNew York Supreme Court · 1898
- Kidney v. WaiteAppellate Division of the Supreme Court of the State of New York · 1917
- Nelson v. NelsonNew York Supreme Court · 1919