Dean v. Dean
Supreme Court of Connecticut
This was a bill in chancery, stating the following case. Many years ago, Simeon Dean, the father of the plaintiff, died, leaving to him a valuable farm in Ashford; of which he took possession under a quit-claim deed from his mother. Being a man of feeble understanding, incompetent to the management of a farm, he was advised, by his friends, to convey it to his sister, Tamesin Stoddard, in trust, for the use and benefit of himself, his heirs and assigns.
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This was a bill in chancery, stating the following case. Many years ago, Simeon Dean, the father of the plaintiff, died, leaving to him a valuable farm in Ashford; of which he took possession under a quit-claim deed from his mother. Being a man of feeble understanding, incompetent to the management of a farm, he was advised, by his friends, to convey it to his sister, Tamesin Stoddard, in trust, for the use and benefit of himself, his heirs and assigns. In pursuance of this advice, he, on the 24th of November, 1820, executed a deed of release, in common form, to Tamesin Stoddard, conveying to…
1Opinion of the CourtDaggett, J.
Leonard Dean is charged in the bill with the knowledge of the facts, and called upon to disclose on oath. In bis answer, he denies all the facts alleged. The plaintiff offers parol testimony, and that only in support of the facts stated as a ground of relief. The judge who tried the cause at the circuit, rejected the proof. It is difficult to imagine how he could have decided otherwise.
There is no allegation of fraud, accident or mistake. It is, indeed alleged, that when the deed was executed, it was agreed by the parties, that the estate should be holden in trust, by the grantee, for the…
2Cited by25 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Verzier v. ConvardSupreme Court of Connecticut · 1902
- Smith v. AllenWashington Supreme Court · 1897
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