Silvey v. Hodgdon
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. ' Anthony Silvey was the husband of the plaintiff Mary A. Silvey and the father of the plaintiffs Lamora and Christopher Silvey and Lilly Allison, and of the defendant Susan M. Hodgdon. The plaintiffs Lamora and Christopher were minors.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. ' Anthony Silvey was the husband of the plaintiff Mary A. Silvey and the father of the plaintiffs Lamora and Christopher Silvey and Lilly Allison, and of the defendant Susan M. Hodgdon. The plaintiffs Lamora and Christopher were minors. The father informed his daughter—the defendant Susan M.—that he desired to make some provision for his three children, Lilly, Lamora, and Christopher; and thereupon she suggested that he had better procure an insurance on his life for their benefit, and proposed that…
1Opinion of the Court
argued that the trust could not be proved by parol, as it was an express trust, and cited Perry on Trusts cd. 1874, sec. 76 ;■ and Dickerson v. Dickerson., 2 Mur. 279; 1 Carolina -Law- Repository, 262; Steer v. Steer, 1 J. G. R. 1; Dean v. Dean, 6 Conn. 285 ; Hutchinson v. Tindall, 2 Green Ch.' 357; Starr v. Starr, 1 Iíamm. (1 Ohio) 321; Lloyd v. Ihglis Hxcr.'l Hesau, 333; Moran v. Hayes, 1 J. C. R. 343; Philbroke v. Delano, 29 Maine, ■ 410. ■ He also argued that Mrs.' Ho'dgdo'n was designated in the policy by the term “ assured ” ; and this term “ assured ” meant, not the person whose life…
2Cases cited5 opinions
- Dean v. DeanSupreme Court of Connecticut · 1826
- Wason v. ColburnMassachusetts Supreme Judicial Court · 1868
- Jenkins v. EldredgeU.S. Circuit Court for the District of Massachusetts · 1844
- Foote v. FooteNew York Supreme Court · 1870
- Lockwood v. CanfieldCalifornia Supreme Court · 1862
3Cited by13 opinions
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- Bliss v. BlissIdaho Supreme Court · 1911
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