Rhodes v. Rhodes
New York Court of Chancery
The bill in this cause was filed, February 7th, 1843, by Henry Rhodes against his brothers, George Rhodes and Jacob Rhodes, and two married sisters with their husbands. It set forth that by the will of their father, a farm of upwards of two hundred acres, situate in the town of Lansing, in the county of Tompkins, was devised to Henry Rhodes, and Andrew Rhodes, since deceased, as tenants in common.
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The bill in this cause was filed, February 7th, 1843, by Henry Rhodes against his brothers, George Rhodes and Jacob Rhodes, and two married sisters with their husbands. It set forth that by the will of their father, a farm of upwards of two hundred acres, situate in the town of Lansing, in the county of Tompkins, was devised to Henry Rhodes, and Andrew Rhodes, since deceased, as tenants in common. That they took the farm, and for several years, occupied it together, conducting it on joint account, and owning in common, all their stock, farming utensils, and other movables. That in 1828,…
1Opinion of the Court
The Assistant Yice-Chancellor.
In my view of this case, it turns almost exclusively upon the facts put in issue by the pleadings ; and the law applicable to those facts is free from difficulty. For the better understanding of the subject, I have again carefully read the whole of the voluminous testimony in-0 troduced, and I will now state my conclusions.
The bill sets forth a contract by which, in 1828, it was agreed between Andrew and Henry Rhodes, by parol, that Henry should attend to and provide for Andrew, during his life time, and as a compensation therefor, should have all of Andrew’s…
2Cases cited1 opinion
- German v. MachinNew York Court of Chancery · 1837
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