Conkling v. New York Life Ins. & Trust Co.
Court of Appeals for the D.C. Circuit
Appeal from the Supreme Court of the District of Columbia. Suit by David Paul Burleigh Conkling, against the New York Life Insurance & Trust- Company, executor and trustee under the will of Sarah B. Conkling, deceased, Delia Mason Caldwell, Sarah B. C. Mol-ler, and others.
1Dissent
SMYTH, Chief Justice (dissenting).
The theory of the majority is that the mother, pursuant to an agreement, "difficult to determine,” invested the proceeds of certain bonds belonging to the son in the remodeling of the house in question, and that she expected to account to him therefor; and on this theory a trust is impressed upon the house in favor of the son. I might say at the outset that this is utterly out of harmony with the son’s testimony, for he does not claim anywhere that the bonds belonging to him were converted into cash by the mother and the proceeds invested in the house. On the…
2Cases cited12 opinions
- Purcell v. MinerSupreme Court of the United States · 1867
- Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
- Macy v. RoedenbeckCourt of Appeals for the Eighth Circuit · 1915
- City of Lincoln v. MorrisonNebraska Supreme Court · 1902
- Bradley v. ChesebroughSupreme Court of Iowa · 1900
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