Verplank v. Sterry
Court for the Trial of Impeachments and Correction of Errors
THIS was,an' appeal from the court of chancery. The'respondents filed tlieir bill, in the court below,- 'against the appef-' 1 ’ . •, ° , ' : rr 'anb and the others, above named, stating that Louisa, Ann, one-G^- the respondents, is the- daughter of James Arden, by Eliza •drden, his wife, now deceased.
Read the full summary
THIS was,an' appeal from the court of chancery. The'respondents filed tlieir bill, in the court below,- 'against the appef-' 1 ’ . •, ° , ' : rr 'anb and the others, above named, stating that Louisa, Ann, one-G^- the respondents, is the- daughter of James Arden, by Eliza •drden, his wife, now deceased. That during her last illness; and in contemplation of approaching' death, the said Eliza requested, her husband,, James Arden,- to-unite,, with'her in-making.a suitable ahd permanent provision for their daughters ; ■ to which request he. acceded, assuring his dying, wife, fhart the contemplated…
1Opinion of the CourtYates, J.
The iirst cjuestion arising in , this cause, is as to the execution of the deed of the 25th of November, 1805, from James Arden, and Eliza, his, wife, to De Witt Clinton and Richard í), Árden, in trust for Louisa Ann,, the - daughter of the grantors. . - ,, • , '
From the testimony of one of the subscribing witnesses, who proves the execution of this deed, it does ’not appear that either of the trustees were present, or that any condition was men-boned at ihe timeb" If it was intended to have been a conditional delivery, it is an unusual departure from the course the grantors ought to have…
2Cited by46 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Wellborn v. WeaverSupreme Court of Georgia · 1855
- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
- Wright v. . WrightNew York Court of Appeals · 1873
41 more not listed; retrieve them via the Exa API.