Arnold v. Chesebrough
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Eastern District of New-York. In Equity. Bill by Leonora A. Arnold and Thomas E. Arnold, her hu'sband, against Charles A. Chesebrough individually, and as trustee and executor under the last will and testament of Margaret Chesebrough, deceased, and Elizabeth Lounsbury, executrix under the last will and testament of Stephen R. Lounsbury, deceased, (the said Stephen R. Lounsbury having also been an executor and trustee…
Read the full summary
Appeal from the Circuit Court of the United States for the Eastern District of New-York. In Equity. Bill by Leonora A. Arnold and Thomas E. Arnold, her hu'sband, against Charles A. Chesebrough individually, and as trustee and executor under the last will and testament of Margaret Chesebrough, deceased, and Elizabeth Lounsbury, executrix under the last will and testament of Stephen R. Lounsbury, deceased, (the said Stephen R. Lounsbury having also been an executor and trustee under the will of Margaret Chesebrough,) to compel defendants to account to complainants for the portion of the estate…
1Opinion of the Court
WALLACE, Circuit Judge.
The dismissal of the bill of complaint by the decree of the circuit court proceeded upon the ground that Leonora A. Arnold, the principal complainant, was not the issue of a marriage between her mother and Blasius M. Chese-brough. The question which this appeal requires us to decide is whether Mrs. Arnold's father and mother were husband and wife. The decision depends upon the effect of direct evidence relative to a ceremonial marriage between the parents, and of indirect or presumptive evidence indicating the matrimonial relation, arising from their cohabitation and…
2Cases cited4 opinions
- Meister v. MooreSupreme Court of the United States · 1878
- Barnum v. BarnumCourt of Appeals of Maryland · 1875
- Rose v. ClarkNew York Court of Chancery · 1841
- Cheney v. . ArnoldNew York Court of Appeals · 1857
3Cited by7 opinions
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Estate of Klipfel v. KlipfelSupreme Court of Colorado · 1907
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- In re Terry's EstateSupreme Court of Minnesota · 1894
- Davis v. PryorCourt of Appeals for the Eighth Circuit · 1901
2 more not listed; retrieve them via the Exa API.