Robinson v. Mandell
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity [by Hetty H. Robinson against Thomas Mandell and others] setting up a special contract for an exchange of wills between the complainant and Sylvia Ann Howland, and that neither should make any other will without notice to the other, and the return of other’s will.
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This was a bill in equity [by Hetty H. Robinson against Thomas Mandell and others] setting up a special contract for an exchange of wills between the complainant and Sylvia Ann Howland, and that neither should make any other will without notice to the other, and the return of other’s will. Complainant alleged that she was the niece and sole heir-at-law of Sylvia Ann Howland, deceased, leaving a will disposing of her estate; that in the month of September, 1860, she, the complainant, was possessed in her own right of property derived from her mother, who was the sister of the testatrix; that…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Evidently the cause of action set forth in the bill of complaint is founded in contract, and consequently the rights of the parties must be ascertained from the pleadings and proofs as required by the ordinary rules of law and equity applicable in such controversies. Unless the contract is admitted in the answer, the burden of proof in such a case is upon the complainant to prove the same substantially as alleged in the bill of complaint. AYhere the respondent has no personal knowledge of the matter set forth in any particular allegation of the bill of complaint, a…
2Cases cited1 opinion
- Eckford v. De KayNew York Court of Chancery · 1837
3Cited by9 opinions
- United States v. Patrick Leroy CrispCourt of Appeals for the Fourth Circuit · 2003
- Barber v. StateCourt of Criminal Appeals of Alabama · 2005
- United States v. Llera PlazaDistrict Court, E.D. Pennsylvania · 2002
- Clements v. JonesSupreme Court of Georgia · 1928
- Sumner v. CraneMassachusetts Supreme Judicial Court · 1892
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