Harvey v. Pennypacker
Court of Chancery of Delaware
Bill in Equity to establish a Resulting Trust AND FOR AN Account.—This bill was filed by Amor H. Harvey, as the surviving partner of the late firm of Hollingsworth, Harvey & Co., against the executor and devisee of his deceased co-partner, Achilles Hollingsworth.
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Bill in Equity to establish a Resulting Trust AND FOR AN Account.—This bill was filed by Amor H. Harvey, as the surviving partner of the late firm of Hollingsworth, Harvey & Co., against the executor and devisee of his deceased co-partner, Achilles Hollingsworth. The prayer of this bill is two-fold : 1st.—That a partnership account may be taken under the decree of the court, and 2d.—That certain real estate, the title to which was held by Hollingsworth in his life-time, may be decreed to be partnership property, and that the same may be sold, and the net proceeds brought into the partnership…
1Opinion of the Court
The Chancellor :—
The interrogatory would be admissible so far as it seeks the declaration of Hollingsworth, or of any member of the firm in his presence, tending to establish a trust, but is clearly objectionable in inquiring for declarations made by Harvey, or any other member than Hollingsworth not in his presence. A trust may in this State, where the Statute of Frauds on that subject is not in force, be established by paroi, but subject to the general rules governing the admissibillity of testimony, and which exclude declarations of a party in his own favor, or of third persons not in the…
2Cases cited9 opinions
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Baker v. ViningSupreme Judicial Court of Maine · 1849
- Rogers v. MurrayNew York Court of Chancery · 1831
- Sayre v. TownsendsNew York Supreme Court · 1836
- Kisler v. KislerSupreme Court of Pennsylvania · 1834
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Morrow v. MatthewIdaho Supreme Court · 1904
- Rentoul v. SweeneyCourt of Chancery of Delaware · 1927
- Bradford v. VintonCourt of Chancery of Delaware · 1930
- Stumpf v. LittellNew Jersey Court of Chancery · 1918
- Boyd v. ClarkCourt of Chancery of Delaware · 1970
2 more not listed; retrieve them via the Exa API.