Gorham's Admr. v. Meacham's Admr.
Supreme Court of Vermont
Bill in chancery for foreclosure of a mortgage. Heard at the September term, 1890, upon pleadings and an agreed statement of facts. Taft, Chancellor, dismissed the bill, jpro forma. The orator appeals. The case appears in the opinion. A contract made by an administrator with himself will be enforced when it is for the benefit of the estate that it should be. 1 War. Am.
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Bill in chancery for foreclosure of a mortgage. Heard at the September term, 1890, upon pleadings and an agreed statement of facts. Taft, Chancellor, dismissed the bill, jpro forma. The orator appeals. The case appears in the opinion. A contract made by an administrator with himself will be enforced when it is for the benefit of the estate that it should be. 1 War. Am. Law of Admrs. 700; 2 ib. 1087; Baerum v. Schenek, 41 N. Y. 183. The placing of the deed among the papers of the estate was a sufficient delivery. Sov/verbye v. Arden, 1 Johns. Ch. 240. There must be two parties to every…
1Opinion of the Court
The opinion of the court was delivered by
TYLER, J.
The following facts are reported: Bollin S. Meacham in his lifetime was administrator with-the-will-annexed of the estate of Angeline W. Gorham, and became largely indebted to the estate for moneys that had come into his hands as such administrator. For the purpose of securing the estate for this indebtedness, on March 1, 1889, he made and executed a promissory note for $1,550, payable to himself as administrator, on demand, and in like manner a mortgage of his home place, conditioned for the payment of the note. He never settled the estate…
2Cases cited8 opinions
- Younge v. GuilbeauSupreme Court of the United States · 1866
- Fisher v. . HallNew York Court of Appeals · 1869
- Byars v. SpencerIllinois Supreme Court · 1882
- Towar v. HaleNew York Supreme Court · 1866
- Foster v. PerkinsSupreme Judicial Court of Maine · 1856
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3Cited by11 opinions
- Kaufman v. Federal National BankMassachusetts Supreme Judicial Court · 1934
- Brumby v. JonesCourt of Appeals for the Fifth Circuit · 1905
- In Re CunninghamCourt of Appeals for the Fourth Circuit · 1933
- In Re Estate of PetersonSupreme Court of Minnesota · 1936
- Pitkin's Admrs. v. City of MontpelierSupreme Court of Vermont · 1912
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