Martin v. Martin
New York Court of Chancery
The bill in this cause was filed to obtain an adjudieation t^e court that certain real estate held in trust by the defendant Richards, was the sole and exclusive property of the complainant; that the rents should be applied to her separate use, and a direction to a trustee so to apply them, or for his removal and appointment of a new one, or a receiver.
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The bill in this cause was filed to obtain an adjudieation t^e court that certain real estate held in trust by the defendant Richards, was the sole and exclusive property of the complainant; that the rents should be applied to her separate use, and a direction to a trustee so to apply them, or for his removal and appointment of a new one, or a receiver. The complainant at the filing of the bill, lived separated from her husband, and the bill contained various allegations of abusive, improper, and menacing treatment and language. It sought a separation on this ground. This was refused. The…
1Opinion of the Court
The Assistant Vice-Chancellor. :
On the 9th of December, 1829, John Haggerty and wife, by deed of that date conveyed a certain farm on Long Island, the premises in controversy, to Samuel Richards. The consideration was $12,000. $3000 was paid at the time, and the balance was secured by a bond and mortgage of Richards upon the premises.
A declaration of trust was executed by Richards, dated the same day, but in fact executed, acknowledged, and delivered on the 16th of December, 1829, in which it is recited that Samuel Richards, at the request of Mary Martin, wife of Norris L. Martin, had…
2Cases cited4 opinions
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Haviland v. MyersNew York Court of Chancery · 1822
- Bennett v. DillinghamCourt of Appeals of Kentucky · 1834