Burton v. Smith
U.S. Circuit Court for the District of Eastern Pennsylvania
In equity. The bill states, that before the intermarriage of the plaintiffs, an indenture tripartite was made between Samuel E. Howell, and R. R. Smith, executors of Samuel Howell, of the first part, Hannah L. Howell, the female plaintiff, of the second part, and the defendant’s intestate, William E. Howell, of the third part, which, after reciting a bequest of £3.000 by Samuel Howell to his granddaughter Hannah L. Howell, an intended marriage between her and Burton, and an…
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In equity. The bill states, that before the intermarriage of the plaintiffs, an indenture tripartite was made between Samuel E. Howell, and R. R. Smith, executors of Samuel Howell, of the first part, Hannah L. Howell, the female plaintiff, of the second part, and the defendant’s intestate, William E. Howell, of the third part, which, after reciting a bequest of £3.000 by Samuel Howell to his granddaughter Hannah L. Howell, an intended marriage between her and Burton, and an agreement that two bonds and mortgages, one for $2,400 and the other for $4,000 should be settled upon the trusts stated…
1Opinion of the CourtWashington, Circuit Justice
The question which arises out of the merits of this ease is, whether the $4,000 received by the intestate, and not invested by him in good land security, be a debt due by specialty or not? That it is not a debt of this dignity, is contended for by the defendant's counsel, upon the ground that the deed of settlement contains no substantive agreement or covenant on the part of the intestate, the trustee,, to make such an investment, or indeed to perform any act whatever; and consequently, that his failure to make it was a mere breach of trust, which creates only a simple contract debt. But this…
2Cases cited2 opinions
- Wiser v. BlachlyNew York Court of Chancery · 1817
- Frazer v. TunisSupreme Court of Pennsylvania · 1808