Meeker v. Meeker
Supreme Court of Connecticut
This was an appeal from a decree of probate, adjusting the advancements made by Azariah Meeker, deceased, to his children. By that decree, it was decided, that the following sums were received by the persons whose names are set against them respectively, as advanced portions, viz. Alfred Meeker, 1000 dollars; Burr Meeker, 1000 dollars; Daniel Meeker, 1000 dollars; Harry Meeker, 2000 dollars.
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This was an appeal from a decree of probate, adjusting the advancements made by Azariah Meeker, deceased, to his children. By that decree, it was decided, that the following sums were received by the persons whose names are set against them respectively, as advanced portions, viz. Alfred Meeker, 1000 dollars; Burr Meeker, 1000 dollars; Daniel Meeker, 1000 dollars; Harry Meeker, 2000 dollars. An appeal was taken by Harry Meeker, alleging, in his reasons of appeal, that he did not receive said sum of 2000 dollars, or any other sum, as advanced portion, from the estate of said Azariah Meeker.…
1Opinion of the CourtWaite, J.
Whatever the law upon the subject may be in England, it is now settled in this state, that the clause in a deed acknowledging the payment of the consideration, is not designed to fix conclusively the amount paid or to be paid, but to prevent a resulting trust in the grantor. It is but prima facie evidence, liable to be varied or controuled, by parol proof, in cases collateral to the deed and the construction of it. Belden v. Seymour, 8 Conn. R. 304. Sparrow v. Smith, 5 Conn. R. 113. Baker v. Dewey, 1 Barn. & Cres. 704. (8 E. C. L. 193.) The same doctrine is recognized in Massachusetts and…
2Cases cited1 opinion
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by19 opinions
- Arthur v. ArthurNew York Supreme Court · 1850
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Vaugine v. TaylorSupreme Court of Arkansas · 1856
- Andrews v. New Britain National BankSupreme Court of Connecticut · 1931
- Hannan v. OxleyWisconsin Supreme Court · 1868
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