Leavitt v. Beirne
Supreme Court of Connecticut
This was a bill in chancery, brought to compel the payment of a promissory note, executed by Mary D., the wife of John B. Steenbergen, out of property holden by her brothers, George P. Beirne and Oliver Beirne, under the will of their father, in trust for her and her children. The cause came on for trial at the February term, 1850, of the superior court for the county of Fairfield, when the following facts were found by the court.
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This was a bill in chancery, brought to compel the payment of a promissory note, executed by Mary D., the wife of John B. Steenbergen, out of property holden by her brothers, George P. Beirne and Oliver Beirne, under the will of their father, in trust for her and her children. The cause came on for trial at the February term, 1850, of the superior court for the county of Fairfield, when the following facts were found by the court. Andrew Beirne of Virginia died in March, 1845, having, a short time previously, made his will, by which, after the bequest of a few small legacies, he disposed of…
1Opinion of the CourtWaite, J.
The plaintiff’s suit is founded upon the claim, that Mrs. Steenbergen, under the will of her father, took such an interest in the property given to her brothers, in trust for her and her children, that she has power to bind the same, by her contracts. If this claim can be sustained, then undoubtedly the plaintiff is entitled to the relief he seeks. For we freely admit, that property may be so given in trust, for a married woman, that she may use and controul it, as a feme sole may her own property, and may bind it by her contracts. And if her trustees refuse a compliance with her directions,…
2Cited by21 opinions
- Jourolmon v. MassengillTennessee Supreme Court · 1887
- Smith v. TowersCourt of Appeals of Maryland · 1888
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- Meek v. BriggsSupreme Court of Iowa · 1893
- Weller v. NoffsingerNebraska Supreme Court · 1899
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