Legal Opinion

Reid v. . Sprague

New York Court of Appeals

Decided February 12, 1878PublishedCited by 8 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 9 Hun, 30.) This action was brought in behalf of Helen Reid, a lunatic, by her committee, to set aside the assignment of a bond and mortgage, so far as it affected the alleged interest oí plaintiff therein, and to protect such interest.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 9 Hun, 30.) This action was brought in behalf of Helen Reid, a lunatic, by her committee, to set aside the assignment of a bond and mortgage, so far as it affected the alleged interest oí plaintiff therein, and to protect such interest. The facts, as found by the court, are substantially as follows : In 1851 one Jane Chamberlain died seized of the premises described in the…

1Opinion of the CourtMiller, J.

The bond and mortgage, which is the subject of controversy in this action, was executed upon certain premises sold and conveyed to one Rodney H. Johnson by a deed from Catharine Barber and her husband on the 3d day of March, 1852, to secure the purchase-price of said prem ises. The deed recites that Jane Chamberlain, by her will, devised and bequeathed to said Catharine Barber all her real estate in confidence that the income of the same should be expended for the support of Helen Reid, her daughter, during her life, and after her death the same was to belong to the said Catharine Barber, her…

2Cases cited1 opinion

  1. Greene v. . WarnickNew York Court of Appeals · 1876

3Cited by8 opinions

  1. Crossman v. BurrillSupreme Court of the United States · 1900
  2. In re the Estate of GrubeNew York Surrogate's Court · 1938
  3. Bacon v. SayreNew York Supreme Court · 1913
  4. In re the Accounting of City National BankNew York Surrogate's Court · 1949
  5. In re the Estate of ShoffNew York Surrogate's Court · 1949

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